Notification No. 141/2002-Cus Dated 26-12-2002
Imposition of Anti-dumping duty on Vitamin AD3500/100, originating in, or exported from, the People's Republic of China.-
WHEREAS in the matter of import of Vitamin AD3500/100,
falling under chapter 23 or 29 of the First Schedule to the Customs Tariff Act,
1975 (51 of 1975), originating in, or exported from, People's Republic of China,
the designated authority vide its preliminary findings notification
No.56/I/2001-DGAD dated the 2nd January, 2002, published in the Gazette of
India, Extraordinary, Part 1, Section 1, dated the 2nd January, 2002, had come
to the conclusion that -
(a) Vitamin AD3500/100 originating in,
or exported from, the People's 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 by imports front the People's Republic of
China;
AND WHEREAS on the basis of the aforesaid
findings of the designated authority, the Central Government had imposed an
anti-dumping duty on Vitamin AD3500/100 vide notification of the
Government of India in the erstwhile Ministry of Finance (Department of
Revenue), No. 14/2002-Customs, dated the 7th February, 2002, [G.S.R. 90 (E),
dated the 7th February, 2002], published in Part II, Section 3, Sub-section (i)
of the Gazette of India, Extraordinary, dated the 7th February, 2002;
AND WHEREAS the designated authority, vide its final findings notification
No.56/1/2001-DGAD, dated the 16th October, 2002 published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 16th October, 2002 has come
to the conclusion that -
(a) Vitamin AD3500/100 originating in,
or exported from, the People's Republic of China, has been exported to India
below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) material injury has been caused by imports from the People's Republic of
China;
and has recommended the imposition of definitive
anti-dumping duty on all imports of the said Vitamin AD3500/100,
originating in, or exported from, People's Republic of 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 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, on the basis of the aforesaid final findings of
the designated authority, hereby imposes on all imports of Vitamin AD3500/100,
falling under chapter 23 or 29 of the first Schedule to the said Customs Tariff
Act, originating in, or exported from, People's Republic of China and imported
into India, an anti-dumping duty at a rate which is equivalent to to the
difference between US$ 40.03 per kilogramme and the landed value of such
imported vitamin AD3500/100 in US$ per kilogramme.
2. The anti-dumping duty imposed under this notification shall be levied with
effect from the date of imposition of the provisional anti-dumping duty, i.e.
the 7th February, 2002, and 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, 3A, 8B, 9 and 9A of
the said Customs Tariff Act; and
(b) rate of exchange applicable for the purposes of calculation of such
anti-dumping duty shall he the rate which is specified in the notification of
the Government of India in the Ministry of Finance and Company Affairs
(Department of Revenue), 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.