104/2000 DATE 21/07/2000

Anti-dumping duty on Vitamin C
G.S.R. (E) - 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 ill, 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 tile 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 (I) 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.

Table

S.No.	Name of the country	Amount (in US dollars per Kilogramme)
(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 15tb 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 determine 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 said 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) o1: 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 (If presentation of the "bill of entry" under section 46 of the said Customs Act.