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Anti-Dumping Duty: Citric Acid Originating in, or Exported from,
Indonesia and Thailand
Custom
Notification No. 38 dated 4th March 2003
WHEREAS
in the matter of import of Citric acid, falling under sub-heading 2918 14 of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from, Indonesia and Thailand, the designated authority vide its
preliminary findings notification No. 14/11/2002-DGAD dated the 14th
June, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 14th June, 2002, had come to the conclusion that -
(a)
Citric acid, originating in, or exported from, Indonesia and Thailand had
been exported to India below normal value, resulting in dumping;
(b)
the Indian industry had suffered material injury from exports of Citric
Acid from Indonesia and Thailand;
(c)
the injury had been caused cumulatively by the dumped imports from
Indonesia and Thailand;
AND
WHEREAS on the basis of the aforesaid findings of the designated authority, the
Central Government had imposed an anti-dumping duty on Citric acid vide
notification of the Government of India in the Ministry of Finance and Company
Affairs (Department of Revenue), No. 86/2002�Customs,
dated the 26th August 2002, [G.S.R. 596 (E), dated the 26th
August, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette
of India, Extraordinary, dated the 26th August 2002;
AND
WHEREAS the designated authority, vide its final findings notification
No.14/11/2002-DGAD dated the 17th January, 2003, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 21st
January, 2003, has come to the conclusion that -
(a)
Citric acid, originating in, or exported from, Indonesia and Thailand has
been exported to India below normal value, resulting in dumping;
(b)
the Indian industry has suffered material injury on account of price
undercutting, price suppression and significant increase in the volume of dumped
imports of Citric acid from Indonesia and Thailand;
(c)
the injury has been caused cumulatively to the domestic industry by the
dumped imports from Indonesia and Thailand;
and
has recommended the imposition of definitive anti-dumping duty on all imports of
the said Citric acid, originating in, or exported from, Indonesia and Thailand;
NOW,
THEREFORE, in exercise of the powers conferred by sub-section (1), read with
sub-section (5) of section 9A of the said Customs Tariff Act, 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 all imports of Citric acid, falling
under sub-heading 2918 14 of the First Schedule to the said Customs Tariff Act,
originating in, or exported from, the countries specified in column (2) of the
Table below and imported into India, an anti-dumping duty at a rate which is
specified in the corresponding entry in column (3) of the said Table.
Table
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S.
No.
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Name
of the Country
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Rate
of anti-dumping duty (US $ per metric tonne)
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(1)
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(2)
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(3)
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1.
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Indonesia
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456.67
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2.
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Thailand
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374.36
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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 26th August 2002, and shall be paid in Indian currency.
Explanation:
For the purposes of this notification, 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 and Company Affairs (Department of Revenue), issued from time to time,
in exercise of the powers conferred by sub-clause (i) of clause (a) of
sub-section (3) of section 14 of the Customs Act, 1962 (52 of 1962), 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.
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