Anti-dumping duty: Citric Acid export originating from Peoples Republic
of China
WHEREAS in the matter of import
of Citric acid falling under Chapter 29 of the First Schedule of the Customs
Tariff Act, 1975 (51 of 1975), originating in or exported from the People�s
Republic of China, the designated authority vide its preliminary findings,
publishing the Gazette of India, Extraordinary, Part I, Section I, dated the 20th
October, 1998 had come to the conclusion that -
(a) Citric acid and originating in, or exported from
the People�s Republic of China has been exported in India, below normal value
, resulting in dumping;
(b) the
Indian industry has suffered material injury;
(c) the
injury has been caused cumulatively by exports from the subject country;
AND WHEREAS on the basis of the
aforesaid findings of the designated authority, the Central Government has
imposed anti-dumping duty vide notification no.94/98-Customs dated the 24th
November 1998 published in Part II, Section 3, Sub-section (i) of the Gazette of
India, Extraordinary, dated the 24th November, 1998;
AND WHEREAS the designated
authority vide its final findings, published in Part I , Section I of the
Gazette of India, Extraordinary, dated the 15th March 1999 had come
to the conclusion that-
(a) Citric
acid has been exported from the People�s Republic of China at a price lower
than the normal value;
(b) the
domestic industry has suffered material injury ;
(c) the
causal link between dumping and injury is established ;
AND WHEREAS on the basis of the
aforesaid final findings of the designated authority, the Central Government has
imposed anti-dumping duty vide notification of the Government of India, in the
Ministry of Finance (Department of Revenue), No.44/99-Customs dated the 29th
April, 1999 published in Part II, Section 3, Sub-section (i) of the Gazette of
India, Extraordinary, dated the 29th April, 1999;
AND WHEREAS the Customs, Excise
and Gold (Control) Appellate Tribunal (hereinafter referred to as CEGAT), in its
final order No. 31/2000-AD, dated the 9th February 2000 in Appeal No.
C/240/99-AD in the matter of M/s Aimjal Chemicals vs. the Designated
Authority, has held that � subject to the modification of the final order to
the effect that anti-dumping duty will be the difference between US$1677.06 and
the landed value of imports per metric tonne where the landed value is less than
the above amount calculated in US dollars.�;
AND WHEREAS the Designated
Authority has accepted the above order of CEGAT dated the 9th
February 2000;
Now, therefore, in exercise of
the powers conferred by sub-section (1) of section 9A, read with sub-section (6)
of section 3 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 and in supersession of the
notification of the Government of India in the Ministry of Finance (Department
of Revenue) No. 44/99-Customs dated the 29th April, 1999 [G.S.R.291
(E), dated the 29th April, 1999] except as respects things done or
omitted to be done before such supersession , the Central Government hereby
imposes on citric acid, falling under Chapter 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 the rate equivalent
in the difference between US $1677.06 and the landed value of imports per metric
tonne, where the landed value is less the above amount calculated in US dollars.
Explanation I. - For the purposes
of this notification, �landed value� means the assessable value as
determined by the proper officer 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, as the case may be, of the Customs Tariff Act, 1975.
Explanation II. -For the purposes
of this notification, the anti-dumping duty shall be paid in Indian currency.
The �rate of exchange� applicable for the purposes of calculation of such
anti-dumping duty shall be the rate, which is specified in the notification to
the Government of India in the Ministry of Finance (Department of Revenue),
issued from time to time, in exercise of powers under sub-clause (i) of
sub-section (a) of sub-section (3) of section 14 of the said Customs Act and the
relevant date for 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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