Anti-Dumping Duty: Vitamin E Acetate and Vitamin E Feed Grade Originating
in, or Exported from, the People�s Republic of China
Customs
Notification No. 41 dated 17th March 2003
WHEREAS
in the matter of import of Vitamin E Acetate, falling under tariff item 2936 28
00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), and
Vitamin E feed grade falling under sub-heading 2309 90 of the First Schedule to
the said Customs Tariff Act, originating in, or exported from, the Peoples
Republic of China, the designated authority vide its preliminary findings
notification No. 14/32/2002-DGAD dated the 2nd December 2002,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd
December, 2002, has come to the conclusion that:
(a)
Vitamin E (Acetate as well as Feed Grade) has been exported to India from
the Peoples Republic of China below its normal value;
(b)
the Indian industry has suffered material injury;
(c)
the injury has been caused by the dumped imports from the Peoples
Republic of China;
and
has recommended imposition of provisional anti-dumping duty, pending final
determination, on all imports of Vitamin E Acetate as well as Vitamin E Feed
Grade, originating in, or exported from, the Peoples Republic of China;
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 or tariff item 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 (6), 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
or tariff item
|
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
28 00
|
Vitamin
E Acetate
|
96%
Grade
|
People's
Republic of China
|
Any
country
|
Any
producer
|
Any
exporter
|
22.64
|
Kilogramme
|
US
Dollar
|
2.
|
2936
28 00
|
Vitamin
E Acetate
|
93%
Grade
|
People's
Republic of China
|
Any
country
|
Any
producer
|
Any
exporter
|
21.94
|
Kilogramme
|
US
Dollar
|
3.
|
2309
90
|
Vitamin
E Feed Grade or Dry powder
|
50%
Grade
|
People's
Republic of China
|
Any
country
|
Any
producer
|
Any
exporter
|
11.32
|
Kilogramme
|
US
Dollar
|
4.
|
2936
28 00
|
Vitamin
E Acetate
|
96%
Grade
|
Any
country
|
People's
Republic of China
|
Any
producer
|
Any
exporter
|
22.64
|
Kilogramme
|
US
Dollar
|
5.
|
2936
28 00
|
Vitamin
E Acetate
|
93%
Grade
|
Any
country
|
People's
Republic of China
|
Any
producer
|
Any
exporter
|
21.94
|
Kilogramme
|
US
Dollar
|
6.
|
2309
90
|
Vitamin
E Feed Grade or Dry powder
|
50%
Grade
|
Any
country
|
People's
Republic of China
|
Any
producer
|
Any
exporter
|
11.32
|
Kilogramme
|
US
Dollar
|
2.
The anti-dumping duty imposed under this notification shall be effective
upto and inclusive of the 16th day of September 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.
|