Anti Dumping Duty: Vitamin C export originating from Russia, European
Union
WHEREAS in the matter of import
of Vitamin-C, falling under sub-heading No. 2936.27 of the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Russia
and European Union, the designated authority vide its preliminary findings,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
17th January, 2000 had come to the conclusion that -
(a) Vitamin-C, originating in, or
exported from, Russia and European Union, has been exported to India below
value, resulting in dumping;
(b)
the Indian industry has suffered material injury;
(c)
the injury has been caused cumulatively by the imports from the subject
country or territory,
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. 28/ 2000-Customs, dated the
16th March, 2000, published in Part II, Section 3, Sub-section (i) of the
Gazette of India, Extraordinary, dated the 16th March, 2000 vide No. G.S.R. 247
(E) dated the 16th March 2000;
AND WHEREAS the designated
authority vide its final findings in published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 8th August, 2000 has come to the
conclusion that -
(a) Vitamin-C, originating in, or
exported from the subject country/ territory has been exported to India at a
price below the normal value, thereby resulting in dumping;
(b)
the domestic industry has suffered material injury;
(c) the injury has been caused to the
domestic industry by dumping of the subject goods originating in, or exported
from, Russia and European Union;
Now, therefore, in exercise of
the powers conferred by sub-section (1) of section 9A of the said Customs Tariff
Act, read with sub-section (5) of the said section 9A 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 Vitamin-C, falling under sub-heading 2936.27 of the
First Schedule to the said Customs Tariff Act, originating in, or exported from,
Russia and European Union and when exported by the exporters mentioned in column
(3) of the Table annexed hereto, and imported into India, an anti dumping duty
at the rate which is to be calculated as the difference between the amount mentioned in column (4) of the said Table and the landed
value of such imported Vitamin-C per Kilogramme.
S. No.
|
Country/ Territory
|
Exporter
|
Amount (in US dollar per
kilogramme)
|
(1)
|
(2)
|
(3)
|
(4)
|
1
|
Russia
|
All exporters
|
12.67
|
2
|
European Union
|
1. M/s BASF, Germany (subject
goods originating from M/s BASF Health & Nutrition, Denmark
|
11.29
|
2. Other exporters
|
12.67
|
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 16th March 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 and 9A of the said Customs Tariff
Act.
(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
(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.
|