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Anti-Dumping Duty: Vitamin A Palmitate, Originating in, or Exported from,
European Union, Singapore and Georgia
Customs
Notification No. 40 dated 7th March 2003
WHEREAS
in the matter of import of Vitamin A Palmitate, falling under tariff item 2936
21 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975),
originating in, or exported from, European Union, Singapore and Georgia, the
designated authority vide its preliminary findings notification
No.65/1/2001-DGAD dated the 30th April, 2002, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 1st May, 2002, had determined that -
(a)
Vitamin A Palmitate, originating in, or exported from, European Union and
Georgia had been exported to India below its normal value, resulting in dumping;
(b)
the domestic industry had suffered material injury;
(c)
the injury had been caused by imports from European Union and Georgia;
AND
WHEREAS on the basis of the aforesaid findings of the designated authority, the
Central Government had imposed an anti-dumping duty on Vitamin A Palmitate vide
notification of the Government of India in the Ministry of Finance and Company
Affairs (Department of Revenue), No. 80/ 2002�Customs, dated the 13th
August 2002, [G.S.R. 558 (E), dated the 13th August 2002], published
in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary,
dated the 13th August, 2002;
AND
WHEREAS the designated authority, vide its final findings notification No.
65/1/2001-DGAD dated the 23rd January, 2003, published in the Gazette
of India, Extraordinary, Part I, Section 1, dated the 23rd January
2003, has determined that -
(a)
Vitamin A Palmitate, originating in, or exported from, European Union and
Georgia has been exported to India below its normal value, resulting in dumping;
(b)
the domestic industry has suffered material injury;
(c)
injury suffered by the domestic industry is on account of the dumped
imports from European Union and Georgia;
and
has recommended the imposition of definitive anti-dumping duty on all imports of
the said Vitamin A Palmitate originating in, or exported from, European Union
and Georgia;
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 Vitamin A Palmitate,
falling under tariff item 2936 21 00 of the First Schedule to the said Customs
Tariff Act, originating in, or exported from, the country or territory specified
in column (2) of the Table given below, when exported by producers/exporters
specified in column (3) of the said Table, and imported into India, an
anti-dumping duty at a rate which is equivalent to the difference between the
amount specified in the corresponding entry in column (4) of the said Table and
the landed value, in US $ per kilogram, of such imported Vitamin A Palmitate.
Table
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S.No.
|
Name
of the country/ territory
|
Name
of the producer/ exporter
|
Amount
(US$/kilogram)
|
|
(1)
|
(2)
|
(3)
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(4)
|
|
1.
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European
Union
|
All
producers/exporters
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113.95
|
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2.
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Georgia
|
All
producers/exporters
|
113.95
|
Note:
The amounts specified in column (4) of the Table are applicable to Vitamin A
Palmitate of strength 1.7MIU/g. The amount for the purposes of column (4), for
Vitamin A Palmitate of strengths other than 1.7MIU/g, shall be calculated by
dividing the amount specified in column (4) of the Table by 1.7 and
multiplying the quotient by the strength of imported Vitamin A Palmiate in MIU/g.
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 13th August 2002, and shall 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 sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff
Act; and
(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 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 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.
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