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Anti-Dumping Duty: Vitamin C, Originating in, or Exported from, the
United States of' America and Canada
Customs
Notification No. 143 dated 27th December 2002
WHEREAS
in the matter of import of Vitamin C, falling under sub-heading 2936.27 of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from, the United States of' America and Canada (hereinafter referred to
as the subject countries), the designated authority vide its preliminary
findings notification No. 14/ 25/ 2002-DGAD, dated the 1st November,
2002, published in the Gazette of India. Extraordinary, Part 1, Section 1, dated
the 1st November 2002, has come to the conclusion that: -
(a)
Vitamin C originating in or exported from the subject countries 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 cumulatively by the imports from the subject
countries;
and
has recommended imposition of provisional anti-dumping duty, pending final
determination, on all imports of Vitamin C, originating in, or exported from,
the subject countries;
NOW,
THEREFORE, in exercise of the powers conferred by sub-section (2) of section 9A
of the said Customs Tariff Act, read with rules 13 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 findings of the designated authority, hereby
imposes on the goods, the description of which is specified in column (3) of the
Table below, falling under sub-heading of the First Schedule to the said Customs
Tariff Act as specified in the corresponding entry in column (2), the
specification of which is specified in column (4) of the said Table, originating
in the countries as specified in the corresponding entry in column (5) , and
produced by the producers as specified in the corresponding entry in column (7),
when exported from the countries as specified in the corresponding entry in
column (8), by the exporters as specified in the corresponding entry in column
(8), and imported into India, an anti-dumping duty at a rate which is equivalent
to the difference between, the amount as specified in the corresponding entry in
column (9), in the currency as specified in the corresponding entry in column
(11) and per unit of measurement as specified in the corresponding entry in
column (10), of the said Table, and the landed value of such imported goods in
like currency per like unit of measurement.
TABLE
|
S.
No.
|
Sub-heading
|
Description
of goods
|
Specification
|
Country
of origin
|
Country
of export
|
Producer
|
Exporter
|
Amount
|
Unit
of measurement
|
Currency
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
(11)
|
|
1.
|
2936.27
|
Vitamin
C or its synonyms
|
Any
specification
|
United
States of America
|
Any
country
|
Any
producer
|
Any
exporter
|
10.11
|
Kilogramme
|
U
S Dollar
|
|
2.
|
2936.27
|
Vitamin
C or its synonyms
|
Any
specification
|
Any
country except Canada
|
United
States of America
|
Any
producer
|
Any
exporter
|
10.11
|
Kilogramme
|
U
S Dollar
|
|
3.
|
2936.27
|
Vitamin
C or its synonyms
|
Any
specification
|
Canada
|
Any
country
|
Any
producer
|
Any
exporter
|
10.11
|
Kilogramme
|
U
S Dollar
|
|
4.
|
2936.27
|
Vitamin
C or its synonyms
|
Any
specification
|
Any
country except United States of America
|
Canada
|
Any
producer
|
Any
exporter
|
10.11
|
Kilogramme
|
U
S Dollar
|
Note:
The most commonly used synonyms of Vitamin C are Ascorbic Acid, L-Xyloascorbic
Acid, 3-Oxo-L-gulofuranolactone (enol form), L-3-Ketothreohexuronic Acid
Lactone etc., as described under entry number "867 of MERCK INDEX".
2.
The anti-dumping duty imposed under this notification shall be
effective upto and inclusive of the 26th day of June 2003, and shall
be payable 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;
(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 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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