Anti dumping Duty: Vitamin-C export originating from China PR and Japan
WHEREAS in the matter of import
of Vitamin-C, falling, under Chapter 29 of the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975), originating in, or exported from, China PR and
Japan, the Designated authority vide its final findings, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 26th
May, 1998 had come to the conclusion that-
(a) Vitamin-C, originating in, or exported from
People�s Republic of China and Japan 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 from the subject countries;
AND WHEREAS on the basis of the
aforesaid findings of the designated authority, the Central Government had
imposed an anti-dumping duty vide notification of the Government of India in the
Ministry of Finance (Department of Revenue), No.53/ 98-Customs, dated the 24th
July, 1998, published in Part II, Section 3, Sub-section (i) of the Gazette of
India, Extraordinary, dated the 24th July, 1998 vide G.S.R. 408(E),
dated the 24th July, 1998;
AND WHEREAS the designated
authority vide its final findings in review, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 13th June, 2000 has come
to the conclusion that-
(a) Vitamin-C, originating in, or exported from,
People�s Republic of China and Japan, has been exported to India below normal
value, thereby resulting in dumping;
(b) the
Indian industry has suffered material injury;
(c) the injury has been caused to the domestic
industry by dumping of subject goods originating in, or exported from,
People�s Republic of China and Japan;
(d) the authority recognizes the need for
continuation of anti-dumping duty on all imports of Vitamin-C, originating in,
or exported from, People�s Republic of China and Japan;
Now, therefore, in exercise of
the powers conferred by sub-section (1) of section 9A of the said Customs Tariff
Act, read with sub-section (5) and (6) of the said section 9A and rule 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 findings of the designated
authority, hereby imposes on Vitamin-C, falling under sub-heading 2936.27 of the
First Schedule to the said Customs Tariff Act, originating in, or exported from,
countries mentioned in column (2) of the Table annexed below, exported by any
exporter and imported into India, an anti-dumping duty at the rate which is to
be calculated as the difference between the amount mentioned in the
corresponding entry in column (3) of the said Table and the landed value of such
imported Vitamin-C per kilogramme.
S.No.
|
Name of the country
|
Amount (in US dollars per kg.)
|
(1)
|
(2)
|
(3)
|
1
|
China PR
|
12.17
|
2
|
Japan
|
12.62
|
2. The anti-dumping duty imposed under
this notification shall be effective upto and inclusive of the 15th
day of April 2003, unless the time limit is extended or the notification is
revoked before such time, by notification published in the Official Gazette.
Explanation I: - 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 duties
levied under sections 3, 3A, 8B, 9 and 9A, as the case may be, of the Customs
Tariff Act.
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 of
the Government of India in the Ministry of Finance (Department of Revenue),
issued from time to time in exercise of the powers under sub-clause (i) of
clause (a) of sub-section (3) of section 14 of the 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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