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Customs Notification No. 159/2003 dated 24.10.2003
Anti-dumping duty on Vitamin C
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 00, originating in, or exported
from, the People's Republic of China and 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 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 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.
TABLE
S. No. | Tariff item | Des- crip- tion of goods | Spec- ifica- tion | Country of origin | Country of export | Produ- cer | Exporter | Amo- unt | Unit of meas- ure- ment | Curr- ency |
---|---|---|---|---|---|---|---|---|---|---|
(1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
1. | 2936 27 00 | Vitamin C or its synonyms | Any speci- fica- tion | People's Republic of China | Any country | Any producer | Any exporter | 10.11 | Kilogra- mme | U S Dollar |
2. | 2936 27 00 | Vitamin C or its synonyms | Any speci- fica- tion | Any country except People's Republic of China | People's Republic of China | Any producer | Any exporter | 10.11 | Kilogra- mme | U S Dollar |
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 number "867 of MERCK INDEX".
2. The anti-dumping duty imposed under this notification 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.354/96/2003-TRU]
(G. S. Karki)
Under Secretary to the Government of India