Vitamin E from China – Dumping Duty Slashed to $1.77/kg from
$25.54/kg in Final Findings
[Customs
Notification No. 29 dated 10th June 2015]
Whereas,
the designated authority vide notification No. 15/31/2013-DGAD, dated the
24th March, 2014, published in the Gazette of India, Extraordinary, Part I,
Section 1, had initiated a review in the matter of continuation of anti-dumping
duty on imports of Vitamin E (hereinafter referred to as the subject goods)
falling under tariff items 2936 28 00 or 2309 90 10 of the First Schedule to
the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the
Customs Tariff Act), originating in or exported from the People’s Republic of
China (hereinafter referred to as the subject country), imposed vide notification
of the Government of India, in the Ministry of Finance (Department of Revenue)
No. 33/2009-Customs, dated the 27th March, 2009, published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i) vide number
G.S.R. 217(E), dated the 27th March, 2009;
And
whereas, the Central Government had extended the anti-dumping duty on the
subject goods, originating in or exported from the subject country upto and inclusive of the 26th March, 2015 vide notification
of the Government of India, in the Ministry of Finance (Department of Revenue)
No. 16/2014-Customs (ADD), dated the 9th May, 2014, published in Part II,
Section 3, Sub-section (i) of the Gazette of India, Extraordinary vide number
G.S.R 329(E), dated the 9th May, 2014;
And
whereas, in the matter of review of anti-dumping duty on import of the subject
goods, originating in or exported from the subject country, the designated
authority in its final findings, published vide notification No.
15/31/2013-DGAD, dated the 23rd March, 2015, in Gazette of India,
Extraordinary, Part I, Section 1, has come to the conclusion that-
(i)
the subject goods have been exported to India from the
subject country below its associated normal value, thus, resulting in dumping;
(ii)
the domestic industry has suffered material injury in
respect of the subject goods;
(iii)
the material injury has been caused by the dumped
imports from the subject country,
and
has recommended imposition of the anti-dumping duty on the subject goods, originating
in or exported from the subject country.
Now,
therefore, in exercise of the powers conferred by sub-sections (1) and (5) of
section 9A of the Customs Tariff Act, read with 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, after considering the aforesaid final findings of the designated
authority, hereby imposes on the subject goods, the description of which is
specified in column (3) of the Table below, specification of which is specified
in column (4), falling under tariff items of the First Schedule to the Customs
Tariff Act as specified in the corresponding entry in column (2), originating
in the countries as specified in the corresponding entry in column (5),
exported from the countries as specified in the corresponding entry in column
(6), produced by the producers as specified in the corresponding entry in
column (7), exported by the exporters as specified in the corresponding entry
in column (8), imported into India, an anti-dumping duty at the rate equal to
the amount as specified in the corresponding entry in column (9) in the
currency as specified in the corresponding entry in column (11) and as per unit
of measurement as specified in the corresponding entry in column (10) of the
said Table, namely:-
|
Table |
||||||||||
|
SNo.
|
Tariff items |
Description of goods |
Specification |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1 |
2936 28 00 2309 90 10 |
Vitamin E in all forms excluding natural form |
100% grade |
People’s Republic of China |
People’s Republic of China |
Any |
Any |
1.77 |
Kg |
US Dollar |
|
2 |
2936 28 00 2309 90 10 |
Vitamin E in all forms excluding natural form |
100% grade |
People’s Republic of China |
Any country other than People’s Republic of China |
Any |
Any |
1.77 |
Kg |
US Dollar |
|
3 |
2936 28 00 2309 90 10 |
Vitamin E in all forms excluding natural form |
100% grade |
Any country other than People’s Republic of China |
People’s Republic of China |
Any |
Any |
1.77 |
Kg |
US Dollar |
Note:
The amount for the purposes of column (9) above, for concentrations other than
those specified in column (4) above shall be calculated on pro rata basis.
2. The
anti-dumping duty imposed under this notification shall be effective for a period
of five years (unless revoked, superseded or amended earlier) from the date of
publication of this notification in the Official Gazette and shall be paid in
Indian currency.
Explanation.-
For
the purposes of this notification, rate of exchange applicable for the purposes
of calculation of such anti-dumping duty shall be the rate which is specified
in the notification of the Government of India, in the Ministry of Finance
(Department of Revenue), issued from time to time, in exercise of the powers conferred
by section 14 of the Customs Act, 1962 (52 of 1962), 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 (Pt.-I)]