CHAPTER 37

Photographic or cinematographic goods
NOTES :

1. This Chapter does not cover waste or scrap.

2. In this Chapter the word “photographic” relates to the process by which visible images are formed, directly or indirectly, by the action of light or other forms of radiation on photosensitive surfaces.

SUPPLEMENTARY NOTE :

In this Chapter, the term “Central Board of Film Certification” means the authority established under law in India for the purpose of certifying the films.

ANTI-DUMPING DUTY NOTIFICATIONS
Anti-dumping duty on black and white photographic paper originating in or exported from the United Kingdom, France and Hungary:

[Notfn. No. 149/00-Cus. dt. 21.12.2000]

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 Tarriff 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 28th 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 23rd June, 2000, [G.S.R. 559(E), dated the 23rd June, 2000] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 23rd June, 2000;

AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th 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 mateial 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 IIford 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 Schdule 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 Counry	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/sKentmere Photographic Ltd.	Jumbo rolls Cut sheets	2.87 3.09
		(ii) Any other exporter, excluding M/s IIford Imaging	Jumbo rolls Cut sheets	2.87 3.09
2.	France	(i) M/s Agfa-Gevaert SA and its associated exporter M/s Agfa GevaertAG, 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 23rd 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.

EXEMPTION NOTIFICATIONS

Exemption to cinematographic films exposed and developed.

[Notfn. No. 33/03-Cus. dt. 1.3.2003]

In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government being satisfied that it is necessary in the public interest so to do, hereby exempts cinematographic film, exposed and developed, falling under heading 3706 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), when imported into India,-

(a) from so much of the duty of customs leviable thereon which is specified in the said First Schedule,

(b) from so much of additional duty leviable thereon under sub-section (1) of section 3 of the said Customs Tariff Act,

(c) from so much of special additional duty leviable thereon under sub-section (1) of section 3A of the said Customs Tariff Act, as is in excess of the duties which would be leviable if the value of the said goods, for the purposes of sub-section (1) of section 14 of the said Customs Act, were equal to the aggregate of –

(i) the cost of the print of the cinematographic film; and

(ii) the freight and insurance charges incurred in respect of the print of such cinematographic film.

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