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Customs Notification
No-145/2003 dated 6.10.2003
Anti-dumping duty on Vitamin E Acetate
WHEREAS in the matter of import of Vitamin E Acetate, falling under tariff
item 2936 28 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975), and Vitamin E feed grade falling under sub-heading 2309 90 of the First
Schedule to the said Customs Tariff Act, originating in, or exported from, the
People's Republic of China, the designated authority vide its preliminary
findings notification No.14/32/2002-DGAD, dated the 2nd December, 2002,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
3rd December, 2002, had come to the conclusion that :
(a) Vitamin E (Acetate as well as Feed Grade) had been exported to India from
the People's Republic of China below its normal value;
(b) the Indian industry had suffered material injury;
(c) the injury had been caused by the dumped imports from 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 E (Acetate as
well as Feed Grade) vide notification of the Government of India in the
erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No.
41/2003Customs, dated the 17th March, 2003, [G.S.R. 218(E), dated the 17th
March, 2003], published in Part II, Section 3, Sub-section (i) of the Gazette of
India, Extraordinary, dated the 17th March, 2003;
AND WHEREAS the designated authority, vide its final findings notification
No.14/32/2002-DGAD, dated the 22nd August, 2003, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 22nd August, 2003, has come
to the conclusion that -
(a) Vitamin E (Acetate as well as Feed Grade) has been exported to India from
the Peoplešs Republic of China below its normal value;
(b) the domestic industry has suffered material injury;
(c) the injury has been caused by the dumped imports from the Peoplešs Republic
of China;
and has recommended the imposition of definitive anti-dumping duty on all
imports of Vitamin-E, originating in, or exported from, the Peoplešs 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 the goods, the description of which
is specified in column (3) of the Table below, falling under sub-heading or
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.
TABLE
S. No. | Sub-heading or tariff item | Descri- ption of goods | Specifi- cation | Country of origin | Country of Export | Produ- cer | Expo- rter | Amount | Unit of measurement | Currency |
---|---|---|---|---|---|---|---|---|---|---|
(1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
1. | 2936 28 00 | Vitamin E Acetate | 96% Grade | People's Republic of China | Any country | Any producer | Any exporter | 22.64 | Kilogra- mme | US Dollar |
2. | 2936 28 00 | Vitamin E Acetate | 93% Grade | People's Republic of China | Any country | Any producer | Any exporter | 21.94 | Kilogra- mme | US Dollar |
3. | 2309 90 | Vitamin E Feed Grade or Dry powder | 50% Grade | People's Republic of China | Any country | Any producer | Any exporter | 11.32 | Kilogra- mme | US Dollar |
4. | 2936 28 00 | Vitamin E Acetate | 96% Grade | Any country | People's Republic of China | Any producer | Any exporter | 22.64 | Kilogra- mme | US Dollar |
5. | 2936 28 00 | Vitamin E Acetate | 93% Grade | Any country | People's Republic of China | Any producer | Any exporter | 21.94 | Kilogra- mme | US Dollar |
6. | 2309 90 | Vitamin E Feed Grade or Dry powder | 50% Grade | Any country | People's Republic of China | Any producer | Any exporter | 11.32 | Kilogra- mme | US Dollar |
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 levied with
effect from the date of imposition of the provisional anti-dumping duty, i.e.
the 17th March, 2003, 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;
(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.354/223/2002-TRU]
(G. S. Karki)
Under Secretary to the Government of India