Vitamin C - Review in the matter of continuation of final anti-dumping duty on Vitamin C originating in, or exported from, the Peoples Republic of China and Japan.

Document Text

24th October, 2003. Notification No. 159/2003 - Customs WHEREAS the designated authority vide notification No.14/14/2002-DGAD dated the 14th August, 2002, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 14th August, 2002, had initiated review in the matter of continuation of final anti-dumping duty on Vitamin C, falling under tariff item 2936 27 0 0 , orig in atin g in , o r exp o rted fro m , th e Peo p le’s R ep u b lic o f C h in a an d Japan, imposed vide notification of Government of India in the Ministry of Finance (Department of Revenue), No.104/2000-Customs, dated the 21st July, 2000 [G.S.R. 626 (E), dated the 21st July, 2000] AND WHEREAS the designated authority vide notification No.14/14/2002-DGAD dated the 31st July, 2003, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 31st July, 2003, has come to the conclusion that- (a) Vitamin C (ascorbic acid) originating in or exported from China has been exported to India below normal value, resulting in dumping. Cessation of anti-dumping duty in force would result in continuation of dumping of Vitamin C in market; (b) The Indian industry has suffered material injury. Cessation of anti-dumping duty in force would result in continuation of injury to the domestic industry; (c) the injury has been caused cumulatively by the imports; and has recommended the imposition of definitive anti-dumping duty on all imports of Vitamin C, originating in, or exported from, the Peo p le’s R ep u b lic o f China; Now, therefore, in exercise of the powers conferred by sub- section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and 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, on the basis of the aforesaid final findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under tariff item 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 the corresponding entry in column (4), originating in the countries as specified in the corresponding entry in column (5) , and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti- dumping duty at a rate which is equivalent to the difference between, the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table, and the landed value of such imported goods in like currency per like unit of measurement. Specifi cation Descr iption of goods Cou ntry of orig in Cou ntry of exp ort Prod ucer Exp orte r Am oun t Unit of measu rement Curr ency (3) (4) (5) (6) (7) (8) (9) (10) (11) Table S. No . (1 ) Ta rif f ite m (2 ) 1. 29 36 27 00 Any specific ation Vitami n C or its synon yms 2. 29 36 27 00 Vitami n C or its synon yms Any specific ation Any cou ntry Any prod ucer Any expo rter 10.1 1 Kilogra mme U S Dolla r Any prod ucer Any expo rter 10.1 1 Kilogra mme U S Dolla r Peo p le’s Rep ublic of Chin a Peo p le’s Rep ublic of Chin a Any cou ntry exce pt Peo p le’s Rep ublic of Chin a Note.- The most commonly used synonyms of Vitamin C are Ascorbic Acid, L-Xyloascorbic Acid, 3-Oxo-L-gulofuranolactone (enol form), L-3- Ketothreohexuronic Acid Lactone etc., as described under entry n u m b er “8 6 7 o f M E R C K IN D E X ”. 2. The anti-dumping duty imposed under this notification shall be paid in Indian currency. Explanation. - For the purposes of this notification, - (a) “lan d ed valu e” m ean s th e assessab le valu e as d eterm in ed u n d er the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act; (b) rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification, issued from time to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said 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. F.No.354/96/2003-TRU G. S. Karki Under Secretary to the Government of India

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