Ministry of Commerce & Industry
(Department of Commerce)
Directorate of Anti-Dumping & Allied Duties
New Delhi, the 16th March 2004
Subject: Initiation of Review regarding anti-dumping duty imposed on Black & White Photographic Paper including both Resin coated/fibre based from UK, France and Hungary.
No.15/7/2004-DGAD The Designated Authority having regard to the Customs Tariff Act, 1975 as amended in 1995 and the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules 1995 thereof recommended imposition of definitive Anti-Dumping Duty on imports of Black & White Photographic Paper including both Resin coated/fibre based originating in or exported from UK, France and Hungary as indicated in Custom Tariff sub-headings 3703.90 and 3703.10 respectively of the Custom Tariff Act, 1975 as amended, vide Gazette Notification No. 19/1/99-DGAD dated 24th October 2000. The Government of India had imposed provisional Anti-Dumping Duty vide Notification No.93/2000-Customs dated 23rd June 2000, which was confirmed by Notification No.149/2000-Customs, dated 21st December 2000.
2. Product Under Consideration.
The Product under consideration is Black & White Photographic Paper including both Resin Coated and Fibre based papers in all forms viz. cut sheets and jumbo rolls or master rolls (henceforth also referred to as subject goods) which is classified under Custom sub-head 3703.90 and 3703.10 respectively of the Customs Tariff Act, 1975. The classification is, however, indicative only and is in no way binding on the scope of the investigation.
The Customs Tariff (Amendment) Act, 1995 and the Rules made there under require the Authority to review, from time to time, the need for continued imposition of definitive Anti-Dumping Duty imposed by Central Government. One of the importers of the subject goods M/s Allied Photographics India Ltd, has alleged that M/s New India Industries, co-petitioners and the major producer of the subject goods in India during the original investigations has suspended production since last 2-3 years. The Designated Authority considers that the review of the Anti-Dumping Duty recommended would be appropriate at this stage under the provision of Rule 23 of Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules 1995.
Having decided to review the final findings notified vide 19/1/999-DGAD dated 24th October 2000, the Authority hereby initiates investigations to review the need for continued imposition of Anti-Dumping Duty on imports of Black & White Photographic Paper including both Resin Coated and Fibre based papers in all forms viz. cut. Sheets and jumbo rolls or master rolls originating in or exported from UK, France & Hungary in accordance with the Customs Tariff (Amendment) Act, 1995 and the Customs Tariff (Identification, Assessment & Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995.
5. The review covers all aspects of the Notification No.19/1/1999-DGAD dated 24th October 2000.
6. The period of investigation for the purpose of present review is 1st October 2002 to 30th September 2003.
7. Submission of Information:
The exporters in subject countries/territory, the importers and users in Indian known to be concerned and the domestic industry are being addressed separately to submit relevant information in the form and manner prescribed and to make their views known to the:
The Designated Authority, Room No 243
Directorate General of Anti-Dumping & Allied Duties
Department of Commerce
Any other interested party may also make its submissions relevant to the investigation in the prescribed form and manner within the time limit set out below.
8. Time Limit:
Any information relating to the present review and any request for hearing should be sent in writing so as to reach the Authority at the address mentioned above not later than forty days from the date of publication of this review notification. If no information is received within the prescribed time limit or the information received is incomplete, the Designated Authority may records its findings on the basis of the facts available on record in accordance with the Rules supra.
9. Inspection of Pubic File
In terms of Rules 6(7), any interested party may inspect the public file containing non-confidential version of the evidence submitted by other interested parties.
10. In case where an interested party refuses access to, or otherwise does not provide necessary information, the Authority may record its findings on the basis of the facts available to it and make such recommendations to the Central Government as deemed fit.
ADDL. SECY. & DESIGNATED AUTHORITY