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Anti-dumping duty: Citric acid originating export from China PR
WHEREAS
In the matter of import of citric acid falling under Chapter 29 of the First
Schedule to the Customs Tariff Act, 1975(51 of 1975, originating in or exported
from the peoples Republic of China, the Designated Authority vide its
preliminary findings, published in the Gazette of India Extraordinary, Part-I,
Section-I, dated the 20th October, 1998, had come to the conclusion that-
(a)
Citric acid originating in, or exported from the Peoples 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 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 [G.S.R.699 (E) dated
the 24th November, 1998], published in Part II, Section 3,
Sub-section (I) of the Gazette of India Extraordinary 24th November,
1998 (hereinafter referred to as provisional duty);
AND
WHEREAS The Designated authority vide its final findings in review dated the 15th
March, 1999 has come to the conclusion that-
(a)
Citric acid has been exported from the People Republic of China at a
price lower than the normal value;
(b)
the domestic industry has suffered material injury;
(c)
the casual link between dumping and injury is established;
Now,
therefore, in exercise of the power conferred by sub-section (1) of Section 9A
of the Customs Tariff Act, 1975 (51 of 1975), read with 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 after considering the aforesaid findings of the Designated Authority,
hereby imposes on Citric acid, falling under Chapter 29 of the said schedule to
the Customs Tariff Act, 1975(51 of 1975, originating in or exported from the
Peoples Republic of China, and imported into India, an anti-dumping duty at the
rate equivalent to the difference between Rs.60,324 metric tonne and the landed
value of Citric acid per metric tonne.
The
anti-dumping duty imposed under this notification shall be levied with effect
from the date of imposition of provisional duty i.e. 24th November
1998.
Explanation- For the purposes of this
notification �landed value� means the assessable value as determined under
the Customs Act,
1962 (52 of 1962) and includes all duties of customs except customs duties
levied under section 3, 3A, 8B, 9 or section 9A, as the case may be, of the said
Customs Tariff Act.
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