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Customs Notification No-28/2005 dated 07.03.2005
Rescinds the Customs Notification No-40/2003 dated 7.3.2003
G.S.R. (E).- Whereas in the matter of import of Vitamin A Palmitate, falling
under tariff item 2936 21 00 of the First Schedule to the Customs Tariff Act,
1975 (51 of 1975), originating in, or exported from, European Union, Singapore
and Georgia, the designated authority, vide its final findings notification
No.65/1/2001-DGAD dated the 23rd January, 2003, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 23rd January, 2003, had
recommended the imposition of definitive anti-dumping duty on all imports of the
said Vitamin A Palmitate, originating in, or exported from, European Union and
Georgia;
And whereas on the basis of the aforesaid findings of the designated authority,
the Central Government had imposed an anti-dumping duty on Vitamin A Palmitate
vide notification of the Government of India in the Ministry of Finance
(Department of Revenue), No. 40/2003–Customs, dated the 7th March, 2003,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide G.S.R 205 (E), dated the 7th March, 2003,
Whereas the designated authority vide its final findings in review, published in
the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th January,
2005, has come to the conclusion that –
(a) dumping continues from the European Union, Singapore and Georgia and is
likely to continue;
(b) the domestic industry does not suffer any material injury on account of
these dumped imports as the import prices and the sales realizations of the
domestic industry are above the non-injurious price so determined;
(c ) injury to the domestic industry is not likely to recur if the duties are
revoked;
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 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 hereby rescinds the notification of the Government of India in the
Ministry of Finance (Department of Revenue), No.40/2003-Customs, dated the 7th
March, 2003, published in the Gazette of India, Extraordinary, Part II, Section
3, Sub-section (i) vide G.S.R 205 (E), dated the 7th March, 2003, except as
respects things done or omitted to be done before such rescission.
(F.No.354/80/2002-TRU)
(V.Sivasubramanian)
Deputy Secretary to the Government of India