GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 30/2013-Customs (ADD)
New Delhi, the 13th November, 2013
G.S.R. (E). – Whereas, the designated authority, vide notification No.
15/7/2011-DGAD, dated the 23rd March, 2012, published in Part I, Section I of
the Gazette of India, Extraordinary had initiated a review in the matter of
continuation of anti-dumping duty on imports of Vitamin A Palmitate (hereinafter
referred to as the subject goods) falling under sub-heading 2936 21 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to
as the Customs Tariff Act), originating in or exported from Switzerland and the
People’s Republic of China (hereinafter referred to as the subject countries),
imposed vide notification of the Government of India, in the Ministry of Finance
(Department of Revenue),
No. 112/2007 dated the 30th October, 2007 published in
Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide
G.S.R. No. 683 (E), dated the 30th October, 2007.
And whereas, the Central Government had extended the anti-dumping duty on the
subject goods, originating in or exported from the subject countries upto and
inclusive of the 27th March, 2013 vide notification of the Government of India,
in the Ministry of Finance (Department of Revenue),
No. 21/2012 –Customs (ADD)
dated the 12th April, 2012, published in Part II, Section 3, Sub-section (i) of
the Gazette of India, Extraordinary, vide G.S.R No. 290 (E), dated the 12th
April, 2012.
And whereas, in the matter of review of anti-dumping duty on import of the
subject goods, originating in or exported from the subject countries, the
designated authority vide its final findings, vide notification No.
15/7/2011-DGAD dated the 21th August, 2013, published in Part I, Section 1, of
the Gazette of India, Extraordinary, has come to the conclusion that,-
- the subject goods from subject countries are entering the Indian market at
dumped prices and dumping margin is significant;
- the subject goods continue to be exported to India at dumped prices despite
the existing anti dumping duties and there is a likelihood of its continuation
should the existing anti-dumping duties are allowed to expire;
- the injury to the domestic industry is likely to continue in the event of
withdrawal of anti dumping duty from the subject countries;
- the situation of domestic industry continues to be fragile and therefore
should the present anti dumping duties from the subject countries be withdrawn,
injury to the domestic industry is likely to recur,
and has recommended to continue imposition of the anti-dumping duty against the
subject goods, originating in or exported from the subject countries;
Now, therefore, in exercise of the powers conferred by sub-section (1) read with
sub-section (5) of section 9A of the Customs Tariff Act, read with rules 18 and
23 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, after considering the aforesaid final findings of
the designated authority, hereby imposes on the subject goods, the description
of which is specified in column (3) of the Table below, falling under
sub-heading of the First Schedule to the 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 exported from the countries as specified
in the corresponding entry in column (6), and produced by the producers as
specified in the corresponding entry in column (7), and exported by the
exporters as specified in the corresponding entry in column (8), and imported
into India, an anti-dumping duty at the rate equal to the amount as specified in
the corresponding entry in column (9) in the currency as specified in the
corresponding entry in column (11) and as per unit of measurement as specified
in the corresponding entry in column (10), of the said Table.
Table
Sl. No. |
Sub-heading |
Description of goods |
Specifi-cation |
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 21 |
Vitamin-A Palmitate (excluding Vitamin A Palmitate
1.6 MIU/gm) |
Any |
Switzerland |
Any |
DSM Nutritional Products, AG Switzerland
|
DSM Nutritional Products Asia Pacific, a division of
DSM Singapore Industrial Pte Ltd. |
7.34 |
Kg |
US $ |
2 |
2936 21 |
Vitamin-A Palmitate (excluding Vitamin A Palmitate
1.6 MIU/gm) |
Any |
Switzerland |
Any other than People’s Republic of China
|
Any other than above |
Any |
8.92 |
Kg |
US $ |
3 |
2936 21 |
Vitamin-A Palmitate (excluding Vitamin A Palmitate
1.6 MIU/gm) |
Any |
Any other than People’s Republic of China
|
Switzerland |
Any |
Any |
8.92 |
Kg |
US $ |
4 |
2936 21 |
Vitamin-A Palmitate (excluding Vitamin A Palmitate
1.6 MIU/gm) |
Any |
People’s Republic of China |
Any |
Any |
Any |
15.37 |
Kg |
US $ |
5 |
2936 21 |
Vitamin-A Palmitate (excluding Vitamin A Palmitate
1.6 MIU/gm) |
Any |
Any |
People’s Republic of China |
Any |
Any |
15.37 |
Kg |
US $ |
Note: Vitamin A Palmitate covers Vitamin A Palmitate 1.7 MIU/gm and Vitamin A
Palmitate 1.0 MIU/gm in all its strengths and forms. It excludes Vitamin A
Palmitate 1.6 MIU/gm.
2. The anti-dumping duty imposed under this notification shall be effective for
a period of five years (unless revoked, superseded or amended earlier) from the
date of publication of this notification in the Official Gazette.
3. The anti-dumping duty imposed under this notification shall be paid in Indian
currency.
Explanation.- For the purposes of this notification, 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 section 14 of the Customs Act, 1962 (52 of
1962), 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.
[F.No.354/31 /2007-TRU (Pt.I)]
(Akshay Joshi)
Under Secretary to the Government of India