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Anti-Dumping: Vitamin AD3500/100, Originating in or Exported from
People's Republic of China
Customs
Notification No. 141 dated 26th December 2002
WHEREAS
in the matter of import of Vitamin AD3500/100, falling under chapter 23 or 29 of
the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in,
or exported from, People's Republic of China, the designated authority vide its
preliminary findings notification No. 56/ I/ 2001-DGAD dated the 2nd
January, 2002, published in the Gazette of India, Extraordinary, Part 1, Section
1, dated the 2nd January, 2002, had come to the conclusion that �
(a)
Vitamin AD3500/100 originating in, or exported from, the People's
Republic of China, 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 by imports front the People's Republic of
China;
AND
WHEREAS on the basis of the aforesaid findings of the designated authority, the
Central Government had imposed an anti-dumping duty on Vitamin AD3500/ 100 vide
notification of the Government of India in the erstwhile Ministry of Finance
(Department of Revenue), No. 14/ 2002-Customs, dated the 7th
February, 2002, [G.S.R. 90 (E), dated the 7th February, 2002],
published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, dated the 7th February, 2002;
AND
WHEREAS the designated authority, vide its final findings notification No. 56/
1/ 2001-DGAD, dated the 16th October, 2002 published in the Gazette
of India, Extraordinary, Part I, Section 1, dated the 16th October, 2002 has
come to the conclusion that �
(a)
Vitamin AD3500/100 originating in, or exported from, the People's
Republic of China, has been exported to India below normal value, resulting in
dumping;
(b)
the Indian industry has suffered material injury;
(c)
material injury has been caused by imports from the People's Republic of
China;
and
has recommended the imposition of definitive anti-dumping duty on all imports of
the said Vitamin AD3500/100, originating in, or exported from, People's Republic
of China;
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 AD3500/100,
falling under chapter 23 or 29 of the first Schedule to the said Customs Tariff
Act, originating in, or exported from, People's Republic of China and imported
into India, an anti-dumping duty at a rate which is equivalent to the difference
between US$ 40.03 per kilogramme and the landed value of such imported vitamin
AD3500/100 in US$ per kilogramme.
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 7th February 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 he 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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