BOPP Film Imports: NTC to Collect Definitive Anti-dumping Duty from China

National Tariff Commission (NTC) of Pakistan has decided to collect definitive anti-dumping duty on imports of BOPP film ranging from 22.95 percent to 57.09 percent ad val of C&F price importable from China, Oman, Saudi Arabia and United Arab Emirates (UAE).

Sources told Business Recorder here on July 11 that the National Tariff Commission referred to the notice regarding final determination of investigation and levy of definitive antidumping duty on import of BOPP Film classified under Pakistan Customs Tariff (PCT). Nos. 3902.2010 and 3902.2030 into the commerce of Pakistan originating in and/or exported from China, Oman, Saudi Arabia and UAE (the "Exporting Countries"). The Commission imposed definitive antidumping duty on imports of BOPP film ranging from 22.95 percent to 57.09 percent ad val of C&F price importable from the exporting countries.

As per NTC, the importers of BOPP Film namely Khyber Match Private Limited, Mohsin Enterprises and Khan Match Private Limited through writ petition bearing No 1651/2013 and 1910/2013 challenged the decision of the Commission in the Islamabad High Court (IHC). The IHC ordered that petitioners are allowed to clear BOPP Films falling under the headings No 3920.2010 and 3920.2030 without paying antidumping duty in form of cash, post-dated cheque or back guarantee. The decision was challenged in intra Court appeal No ICA 690/2013, 721/2013 and 735/2013. The Chief Justice IHC has set aside the decision of single bench judge. It is therefore decided that antidumping duties from importers namely Khyber Match Private Limited, Mohsin Enterprises and Khan Match Private Limited may be collected, NTC added.

The NTC has also explained the issue of final determination and levy of definitive anti-dumping duties on imports of Bixially oriented poly propylene film into Pakistan originating in and/or exported from the people''s republic of China, Sultanate of Oman, Kingdom of Saudi Arabia and United Arab Emirates (UAE).

Details revealed that the Commission had earlier imposed a provisional antidumping duty on imports of BOPP Film ranging from 22.92 percent to 62.70 percent ad val of C&F price importable from the Exporting Countries for a period of four months, effective from August 15, 2012. The National Tariff Commission in terms of Part II and Part XI of the Anti-Dumping Duties Ordinance 2000 (the "Ordinance") has imposed definitive antidumping duties on imports of Bixially Oriented Poly Propylene (BOPP) Film excluding Capacitor Grade BOPP Film and BOPP Film having thickness from 1 micron to 7 micron classified under PCT Nos. 3920.2010 and 3920.2030 at the specified rates.

Sources said that these definitive anti-dumping duties are levied for a period of three years with effect from August 15, 2012. Federal Board of Revenue is requested to collect the definitive antidumping duties as per the given rates. The sub-section (1)(c) of Section 51 of the Ordinance requires that the anti-dumping duties imposed shall be collected in the same manner as customs duties are being collected under Customs Act, .1969 (Act IV of 1969).

Duties so collected shall be deposited under the head-Civil Deposits for further deposit in National Tariff Commission''s Non-lapsable PID Account No 187 established with Federal Treasury Office Islamabad. Definitive anti-dumping duties levied would be in addition to other anti-dumping duties imposed earlier and taxes and duties levied under any other law, sources added.