Notification No. 113/2004, Dated 25th Nov 2004

    G.S.R.   (E).- Whereas, in the matter of import of Biaxally Oriented Poly Propylene film, commonly known as BOPP film (hereinafter referred to as BOPP film), falling under heading 3920 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Taiwan, Hong Kong, Indonesia, Oman,  Singapore and Thailand (hereinafter referred to as the subject countries), the designated authority vide its preliminary findings notification No.21/1/2001-DGAD, dated the 14^th August, 2001, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14^th  August, 2001, had come to the conclusion that -

(a) BOPP film, originating in, or exported from, the subject countries had been exported to India below normal value resulting in dumping;

(b) the domestic industry had suffered material injury;

(c) the injury had been caused cumulatively by the imports from the subject countries;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on BOPP film vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 104/2001–Customs, dated the 9^th October, 2001, [G.S.R. 766(E), dated the 9^th October, 2001], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 9^th October, 2001;

And whereas, the designated authority, vide its final findings notification No.21/1/2001-DGAD, dated the 26^th June, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27^th June, 2002 had come to the conclusion that -

(a) BOPP film, originating in, or exported from, the subject countries, had been exported to India below its normal value, thereby resulting in dumping;

(b) the domestic industry had suffered material injury;

(c) the injury had been caused to the domestic industry by the dumping of BOPP film, originating in, or exported from, the subject countries;

And whereas, on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed definitive anti-dumping duty on BOPP film vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.77/2002-Customs, dated the 8^th August, 2002, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 8^thAugust, 2002;

                And whereas, the Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as the Tribunal), in its final order No.7-9/04-AD, dated the 1^st April, 2004 in Appeal Nos.C/COD/301/02-AD, C/632/02-AD, C/694/02-AD and C/692/02-AD, in the matter of M/s Association of BOPP Manufacturers and Others Vs. Secretary Revenue, Ministry of Finance, the Designated Authority, has given the direction in para 13 of the said order that, “… the rates of anti-dumping duty under Notification No. 77/2002-Customs, dated August 8, 2002 are modified as indicated in the table below:-

And whereas, the designated authority has accepted the aforesaid order of the Tribunal;

                Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A, read with sub-section (6) of section 3 of the said Customs Tariff Act and rules 18 and 20 of Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.77/2002-Customs, dated the 8^th August, 2002 [G.S.R. 553(E), dated the 8^th August, 2002], except as respects things done or omitted to be done before such supersession, the Central Government hereby imposes on BOPP film, falling under heading 3920 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the subject countries specified in column (2) of the Table given below, and imported into India, when exported by the exporters specified in the corresponding entry in column (3) of the said Table, an anti-dumping duty at the rate specified in the corresponding entry in Column (4) of the said Table.

                                                                                                TABLE

2.      This notification shall be effective for a period of five years (unless revoked, superseded or amended earlier), from the date of imposition of the provisional anti-dumping duty, i.e. the 9^th October, 2001, and the anti-dumping duty shall be paid in Indian currency.

Explanation.- For the purposes of this notification, the “rate of exchange” applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India in the Ministry of Finance (Department of Revenue), issued from time to time in exercise of the powers under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act and the relevant date for the determination of the “rate of exchange” shall be the date of presentation of the “bill of entry” under section 46 of the said Customs Act.

                                                                                                                                          V.Sivasubramanian

                                                                                                                   Deputy Secretary to the Government of India

                                [F.No.354/155/2001-TRU-(Part)]