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Customs Notification No. 94/2002- dated 9.9.2002
Import of Vitamin AB2D3K falling under Chapter 23
G.S.R. (E).- WHEREAS, in the matter of import of Vitamin AB2D3K falling under Chapter 23 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the European Union, the Unites States of America, Thailand and Singapore, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th September, 2001, had come to the conclusion that -
(a) Vitamin AB2D3K (Single strength and Triple strength) originating in, or
exported from, the European Union, Thailand and Singapore, had been exported
to India below normal value, resulting in dumping;
(b) the Indian industry had suffered material injury;
(c) injury had been caused by imports from the European Union, Thailand and
Singapore cumulatively;
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. 129/2001-Customs, dated the 21st December, 2001 [G.S.R. 917(E),
dated the 21st December, 2001] published in part II, Section 3, Sub-section (i)
of the Gazette of India, Extraordinary, dated the 21st December, 2001;
AND WHEREAS, the designated authority vide its final findings, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 1st July, 2002,
has come to the conclusion that -
(a) Vitamin AB2D3K (Single strength and Triple strength) originating in, or
exported from, the European Union, Thailand and Singapore, 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 to the domestic industry by dumping of Vitamin
AB2D3K (single strength and triple strength) originating in, or exported from,
the European Union, Thailand and Singapore cumulatively;
AND WHEREAS, the designated authority has recommended imposition of
definitive ant-dumping duty on all imports of Vitamin AB2D3K (single strength
and triple strength) falling under Chapter 23 of the said Customs Tariff Act,
originating in, or exported from the European Union, Thailand and Singapore;
NOW, THEREFORE, in exercise of 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 above findings of the designated
authority, hereby imposes on Vitamin AB2D3K, of the description given in column
(4) of the Table below, falling under Chapter 23 of the First Schedule to the
said Customs Tariff Act, originating in, or exported from, countries or
territories specified in corresponding entries in column (2) of the said Table,
and exported by exporters specified in corresponding entries in column (3) of
the said Table, an anti-dumping duty at the rate which is to be calculated as
the difference between the amount specified in the corresponding entries in
column (5) and the landed value, in US $ per kilogramme, of such imported
Vitamin AB2D3K per Kilogramme.
TABLE
S. No | Name of the Country/Territory | Name of the Exporter or Producer | Description of Vitamin AB2D3K | Amount (in US $ per Kilogramme) |
---|---|---|---|---|
(1) | (2) | (3) | (4) | (5) |
1. | Thailand | M/s BASF (Thai) Ltd. | Single strength Triple strength |
11.56 27.74 |
2. | Thailand | All exporters /producers other than that specified against S.No. 1 | Single strength Triple strength |
11.56 27.74 |
3. | Singapore | (a) M/s Aventis Animal Nutrition, Singapore (b) |
Single strength Triple strength |
11.56 27.74 |
4. | Singapore | All exporters /producers other than that specified against S.No. 3 | Single strength Triple strength |
11.56 27.74 |
5. | European Union | All exporters | Triple strength | 27.74 |
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 21st December, 2001, and shall be payable 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
anti-dumping duty shall be 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
under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the
said Customs Act, and the relevant date for 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.
sd/-
(Vivek Prasad)
Under Secretary to the Government of India
F.No.354/185/2001-TRU