10
th
May, 2001
Notification No.48/2001-Customs
G.S.R. (E).- WHEREAS in the matter of import of Polyester film, falling under sub-heading No. 3920.69 of the First Schedule to
the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People's Republic of Korea and Indonesia, the
designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
14
th
August, 2000 had come to the conclusion that -
(a) Polyester film originating in, or exported from, the People's Republic of Korea and Indonesia has been exported to India
below its normal value, resulting in dumping;
(b) the Indian domestic industry has suffered material injury;
(c) the injury has been caused cumulatively by the imports from subject countries; and
(d) no injury has been caused to domestic industry from imports of sun/dust controlled films;
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.
141/2000-Customs, dated the 15
th
November, 2000, published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, dated the 15
th
November, 2000, 2001 vide G.S.R.869(E), dated the 15
th
November, 2000;
AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section
1, dated the 28
th
March, 2001 has come to the conclusion that -
(a) Polyester film originating in, or exported from, the People's Republic of Korea and Indonesia has been exported to India
below normal value, resulting in dumping;
(b) the Indian domestic industry has suffered material injury;
(c) no injury has been caused as a result of import of sun/dust controlled polyester film and polyester films for capacitor
applications, wherein the import prices were found to be higher than US $ 6.50 per kilogramme; and
(d) the injury has been caused cumulatively by the imports from the subject countries;
AND WHEREAS M/s Toray Saehan Inc. and M/s Saehan Industries, People's Republic of Korea, have given an undertaking
under rule 15 of Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for
Determination of Injury) Rules, 1995, not to export Polyester film of the grade mentioned in column (2) of the Table annexed
hereto, of thickness mentioned in corresponding entry in column (3) of the said Table and of length mentioned in corresponding
entry in column (4) of the said Table, falling under sub-heading No. 3920.69, below the "landed value" mentioned in
corresponding entry in column (5) of the said Table,-
Table I
S.No.Description of Polyester film
Landed value (US $ per
kilogramme)
Grade Thickness Length
(1)(2) (3) (4) (5)
1Packaging film 8.30 micron 6000-36000 mm 1.979
2
Polyester film (excluding packaging or sun/dust
controlled)
XA: 9-16 micron
XV: 11-17 micron
XG: 16-32 micron
XA: 5000-15000 mm
XV: 14000-17000
mm
XG: 500-6000 mm
1.721
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with
sub-section (5) of the said section 9A and 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 Polyester film of 9 micron and above, of grades
specified in column (4) of the Table II annexed hereto, falling under sub-heading No. 3920.69 of the First Schedule to the said
Customs Tariff Act, originating in, or exported from, the People's Republic of Korea and Indonesia, and when exported by
exporters specified in column (3) of the said Table II, and imported into India, an anti-dumping duty at the rate specified in
column (5) of the said Table II.
Table II
S.No. Country
Name of the
Exporter
Grade of Films
Amount of duty
(US $ per
Kilogramme)
(1) (2) (3) (4) (5)
1 Indonesia (1) M/s PT Kolon
Packaging
polyester films
0.356
Polyester films (excluding packaging or sun/dust
controlled)
0.477
(2) Other Exporters
Packaging
polyester films
0.710
Polyester films (excluding packaging or sun/dust
controlled)
0.477
2
People's Republic
of Korea
(1) M/s Kolon
Industries Inc.
Packaging
polyester films
0.358
Polyester films (excluding packaging or sun/dust
controlled)
NIL
(3) All other exporters (other than M/s Toray Saehan
Inc. or Saehan Industries)
Packaging
polyester films
0.982
Polyester films (excluding packaging or sun/dust
controlled)
0.614
Provided that no anti-dumping duty shall be imposed on Polyester film of 9 micron and above, of the grades specified in
column (4) of the said Table II, falling under sub-heading No. 3920.69 of the First Schedule to the said Customs Tariff Act,
exported by M/s Toray Saehan Inc. or M/s Saehan Industries, People's Republic of Korea, if the landed value, per kilogramme
of such Polyester film is equal to or higher than the price undertaking submitted by the said M/s Toray Saehan Inc. or M/s
Saehan Industries;
Provided further that anti-dumping duty at the rates specified in the Table III annexed hereto shall be imposed on Polyester film
of 9 micron and above, of the grades specified in column (4) of the said Table II, falling under sub-heading No. 3920.69 of the
First Schedule to the said Customs Tariff Act, exported by M/s Toray Saehan Inc. or M/s Saehan Industries, People's Republic
of Korea, and the assessment shall be provisional, if the landed value of such polyester film is lower than the price undertaking
submitted by the M/s Toray Saehan Inc. or M/s Saehan Industries,-
Table III
S.No.Grade of Polyester films Amount of duty (in US $ per kilogramme)
1Packaging polyester films 0.281
2Polyester films (excluding packaging or sun/dust controlled)0.252
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 15
th
November, 2000, and shall be paid in Indian currency.
3. Nothing contained in this notification shall apply to import of Polyester films, of width upto 30 mm and having landed value
higher than US $ 6.50 per kilogramme, for capacitor applications, originating in, or exported from, the People's Republic of
Korea and Indonesia, if the importer follows the procedure set out in the Customs (Import of Goods at Concessional Rate of
Duty for Manufacture of Excisable Goods) Rules, 1996.
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 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.
F.No.354/152/2000-TRU (Pt-II)
(G.D.LOHANI)
UNDER SECRETARY TO THE GOVERNMENT OF INDIA
