Notification No. 108/2007, Dated 25th Sept 2007

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

                                                       

 

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

 

New Delhi, the 25th September, 2007

 

Notification No.108/2007-Customs

 

            G.S.R.627(E).-Whereas in the matter of import of pre-sensitized positive off-set aluminium plates (hereinafter referred to as the subject goods), falling under Chapter 37, 76 or 84 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Bulgaria, People’s Republic of China, Malaysia, Singapore and South Korea (hereinafter referred to as the subject countries), the designated authority in its final findings vide notification No. 14/6/2006-DGAD, dated the 23rd August, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd August, 2007, read with the amendment  No.14/6/2006-DGAD, dated the 13th September, 2007, has come to the conclusion that -

(a)    the subject goods have been exported to India from the subject countries below its normal values;

(b)   the domestic industry has suffered material injury; and

(c)    the injury has been caused cumulatively by the dumped imports from the subject countries.

and has recommended imposition of definitive anti-dumping duty on all imports of the subject goods, originating in, or exported from, the subject countries in order to remove injury to the domestic industry;

 

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said Customs Tariff Act, 1975 (51 of 1975) read with rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid final findings and the amendment of the designated authority, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, falling under Chapters of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table, originating in the countries as specified in the corresponding entry in column (5) and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and as per unit of measurement as specified in the corresponding entry in column (10) of the said Table, and the landed value of said imported  goods in like currency as per like unit of measurement : 

 

Duty Table  

Sl. No

Chapter

Description of goods

Specification

Country of origin

Country of export

Producer

Exporter

Amount US$/Kg.

Unit of measurement

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1

37, 76 or 84

Pre-sensitized positive offset aluminium plates*

Any

People’s Republic of China

People’s Republic of China

Any

Any

5.682954

Kg.

US$

2

37, 76 or 84

-do-

Any

People’s Republic of China

Any other than People’s Republic of China

Any

Any

5.682954

Kg.

US$

3

37, 76 or 84

-do-

Any

Any except the subject countries

People’s Republic of China

Any

Any

5.682954

Kg.

US$

4

37, 76 or 84

-do-

Any

Malaysia

Malaysia

Any

Any

5.682954

Kg.

US$

5

37, 76 or 84

-do-

Any

Malaysia

Any other than Malaysia

Any

Any

5.682954

Kg.

US$

6

37, 76 or 84

-do-

Any

Any except the subject countries

Malaysia

Any

Any

5.682954

Kg.

US$

7

37, 76 or 84

-do-

Any

Korea RP

Korea RP

Any

Any

5.682954

Kg.

US$

8

37, 76 or 84

-do-

Any

Korea RP

Any other than Korea RP

Any

Any

5.682954

Kg.

US$

9

37, 76 or 84

-do-

Any

Any except the subject countries

Korea RP

Any

Any

5.682954

Kg.

US$

10

37, 76 or 84

-do-

Any

Bulgaria

Bulgaria

Any

Any

5.682954

Kg.

US$

11

37, 76 or 84

-do-

Any

Bulgaria

Any other than Bulgaria  and Singapore

Any

Any

5.682954

Kg.

US$

12

37, 76 or 84

-do-

Any

Bulgaria

Singapore

M/s Kodak Polychrome Bulgaria

M/s Kodak Polychrome Graphics Singapore Pvt. Ltd.

5.682954

Kg.

US$

13

37, 76 or 84

-do-

Any

Bulgaria

Singapore

Any

Any

5.682954

Kg.

US$

14

37, 76 or 84

-do-

Any

Any except the subject countries

Bulgaria

Any

Any

5.682954

Kg.

US$

15

37, 76 or 84

-do-

Any

Singapore

Singapore

Any

Any

5.682954

Kg.

US$

16

37, 76 or 84

-do-

Any

Singapore

Any other than Singapore

Any

Any

5.682954

Kg.

US$

17

37, 76 or 84

-do-

Any

Any except the subject countries

Singapore

Any

Any

5.682954

Kg.

US$

* thickness ranging from 0.15 mm to 0.40 mm with a variation of 0.03 mm on either side.

 

2.The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette and shall be paid in Indian currency.

 

Explanation.- For the purposes of this notification,-

 

(a) “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;

 

(b) “rate of exchange” applicable for the purposes of calculation of 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 conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act, 1962 (52 of 1962) 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.

 

[F.No.354/136/2007-TRU]   

(G.G. Pai)

Under Secretary to the Government of India

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