GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Notification No.33/2009-Customs

New Delhi, dated the 27^th March, 2009

G.S.R.--- (E). – Whereas, the designated authority, vide its notification No. 15/10/2008-DGAD, dated 7th March, 2008 published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 7th March, 2008, had initiated a review in the matter of continuation of anti-dumping on imports of Vitamin E all forms excluding natural forms (hereinafter referred to as the subject goods) falling under sub-heading 2936 28 or 2309 90 of the First Schedule to the Customs Tariff Act 1975, (51 of 1975), originating in, or exported from, the People's Republic of China (hereinafter referred to as the subject country), imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 145/2003- CUSTOMS dated the 6th October, 2003, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.790(E), dated the 6th October, 2003;

And whereas, the Central Government has extended the anti-dumping duty on the subject goods, originating in, or exported from, the subject country upto and inclusive of the 16th March, 2009 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 43/2008 -Customs dated the 4th April, 2008, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.264 (E), dated the 4th April, 2008;

And whereas, in the matter of review of anti-dumping on import of the subject goods, originating in, or exported from, the subject country, the designated authority in its final findings issued vide notification No. 15/10/2008-DGAD, dated 5th March, 2009 published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 5th March, 2009, has come to the conclusion that-

1. the subject goods are entering the Indian market at dumped prices and dumping margins of the subject goods imported from the People's Republic of China is substantial and above de-minimis;
   
   
2. the subject goods are likely to enter the Indian market at dumped prices and the likely dumping margins in respect of imports from the People's Republic of China will be substantial and above de-minimis;
   
   
3. the subject goods are likely to enter Indian market at dumped prices, should the present measures be withdrawn; and
   
   
4. the situation of domestic industry continues to be fragile. Further, should the present anti dumping duties be revoked, injury to the domestic industry is likely to continue and intensify;

and has recommended continued imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from, the subject country and imported into India, in order to remove injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) 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 said 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 country as specified in the corresponding entry in column (5), and produced by the producer as specified in the corresponding entry in column (7), when exported from the country as specified in the corresponding entry in column (6), by the exporter as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equivalent to difference between the amount mentioned 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 and the landed value of imported goods in like currency as per like unit of measurement.

Table

Note: - The amount for the purposes of column (9) above, for concentrations other than those specified in column (4), shall be calculated on pro rata basis.

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. The anti-dumping duty 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, 8B, 9 and 9A of the said Customs Tariff Act, 1975;

(b) rate of exchange applicable for the purposes of calculation of 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 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.

(Unmesh Sharad Wagh)
Under Secretary to the Government of India.
[F.No.354/223/2002 –TRU]