Anti-Dumping duty on Black and White Photographic paper originating in, or exported from United Kingdom, France and
Hungary
21
st
December,2000
Notification No. 149/2000 - Customs
WHEREAS in the matter of import of black and white photographic paper including both resin coated and fibre based, falling
under sub-heading Nos. 3703.10 and 3703.90 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating
in, or exported from, the United Kingdom, France and Hungary, the designated authority vide its preliminary findings, published
in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28
th
April, 2000 had come to the conclusion that -
(a) black and white photographic paper, originating in, or exported from, the United Kingdom, France and Hungary, has been
exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused by 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 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 93/2000-
Customs, dated the 23
rd
June, 2000, [G.S.R. 559(E), dated the 23
rd
June, 2000] published in Part II, Section 3, Sub-section
(i) of the Gazette of India, Extraordinary, dated the 23
rd
June, 2000;
AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section
1, dated the 24
th
October, 2000 has come to the conclusion that -
(a) black and white photographic paper, both resin coated and fibre based, originating in, or exported from, the subject
countries has been exported to India below its normal value;
(b) the domestic industry has suffered material injury;
(c ) the injury has been caused to the domestic industry by dumping of the subject goods originating in, or exported from, the
subject countries;
AND WHEREAS M/s Ilford Imaging Ltd., United Kingdom, have given an undertaking, under Rule 15 of the said Rules, not to
export subject goods in cut sheet form, falling under sub-heading No. 3703.90, below the "landed value" of US $ 3.09 per
square meter, and the subject goods in jumbo roll form, falling under sub-heading No. 3703.10, below the "landed value" of US
$ 2.80 per square meter;
AND WHEREAS M/s Forte Photochemical Co. Ltd., Hungary, have given an undertaking, under Rule 15 of the said Rules, not
to export subject goods in cut sheet form in industrial packs of 300 or more sheets, falling under sub-heading No. 3703.90,
below the "landed value" of US $ 3.03 per square meter, and the subject goods in jumbo roll form, falling under sub-heading
No. 3703.10, below the "landed value" of US $ 2.80 per square meter;
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said Customs Tariff Act,
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 of the
designated authority, hereby imposes on black and white photographic paper, both resin coated and fibre based, falling under
sub-heading Nos. 3703.10 and 3703.90 of the First Schedule to the said Customs Tariff Act, originating in, or exported from,
the United Kingdom, France and Hungary, and when exported by exporters mentioned in column (3) of the Table below, and
imported into India, an anti-dumping duty at the rate which is to be calculated as the difference between the amount mentioned
in the corresponding entry in column (5) of the said Table and the landed value of such imported black and white photographic
paper per square meter.
Table
S.No.
Name of
the
Country
Name of the Exporter
Product (Black & white photographic
paper both resin coated and fibre
based) in following forms
Amount (US
dollar per
square meter)
(1) (2) (3) (4) (5)
1
United
Kingdom
(i) M/s Kentmere Photgraphic Ltd.
Jumbo rolls
Cut sheets
2.87
3.09
(ii) Any other exporter,
excluding M/s Ilford
Imaging Ltd.
Jumbo
rolls
Cut
sheets
2.87
3.09
2 France
(i) M/s Agfa-Gevaert SA and its
associated exporter M/s Agfa
Gevaert AG, Germany
Jumbo rolls
Cut sheets
2.87
3.09
(ii) Any other exporter
Jumbo
rolls
Cut
sheets
2.87
3.09
3 Hungary
Exporters excluding M/s Forte
Photochemical Co. Ltd.
Jumbo rolls
Cut sheets
2.87
3.09
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional
anti-dumping duty, i.e. the 23
rd
June, 2000; and 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 section 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 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.
(PRASHANT KUMAR SINHA)
UNDER SECRETARY TO THE GOVERNMENT OF INDIA
F.No.354/56/2000-TRU (Pt-II)
