Another Five Years of
Anti-dumping Duty on Vitamin A Palmitate from China
and Switzerland
[Customs Notification No. 30 (ADD) dated 13th November 2013]
Whereas, the designated authority, vide notification No.
15/7/2011-DGAD, dated the 23rd March, 2012, published in Part I,
Section I of the Gazette of India, Extraordinary had initiated a review in the
matter of continuation of anti-dumping duty on imports of Vitamin A Palmitate (hereinafter referred to as the subject goods)
falling under sub-heading 2936 21 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 Switzerland and the People’s Republic of
China (hereinafter referred to as the subject countries), imposed vide notification of the Government of
India, in the Ministry of Finance (Department of Revenue), No. 112/2007 dated
the 30th October, 2007 published in Part II, Section 3, Sub-section
(i) of the Gazette of India, Extraordinary, vide G.S.R. No. 683 (E),
dated the 30th October, 2007.
And whereas, the Central Government had extended the anti-dumping duty on
the subject goods, originating in or exported from the subject countries upto and inclusive of the 27th March, 2013 vide
notification of the Government of India, in the Ministry of Finance (Department
of Revenue), No. 21/2012 –Customs (ADD) dated the 12th April, 2012,
published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, vide G.S.R No. 290 (E), dated the 12th April, 2012.
And whereas, in the matter of review of anti-dumping duty on import of the
subject goods, originating in or exported from the subject countries, the
designated authority vide its final findings, vide notification No. 15/7/2011-DGAD dated the 21th
August, 2013, published in Part I, Section 1, of the Gazette of India,
Extraordinary, has come to the conclusion that,-
(i) the subject goods from subject countries
are entering the Indian market at dumped prices and dumping margin is
significant;
(ii) the subject goods continue to be exported
to India at dumped prices despite the existing anti dumping
duties and there is a likelihood of its continuation should the existing
anti-dumping duties are allowed to expire;
(iii) the injury to the domestic industry is likely
to continue in the event of withdrawal of anti dumping
duty from the subject countries;
(iv) the situation of domestic industry
continues to be fragile and therefore should the present anti
dumping duties from the subject countries be withdrawn, injury to the
domestic industry is likely to recur,
and has recommended to
continue imposition of the anti-dumping duty against the subject goods,
originating in or exported from the subject countries;
Now, therefore, in
exercise of the powers conferred by sub-section (1) read with sub-section (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, falling under sub-heading of the
First Schedule to the Customs Tariff Act as specified in the corresponding
entry in column (2), the specification of which is specified in column (4) of
the said Table, originating in the countries as specified in the corresponding
entry in column (5), and exported from the countries as specified in the
corresponding entry in column (6), and produced by the producers as specified
in the corresponding entry in column (7), and exported by the exporters as
specified in the corresponding entry in column (8), and 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.
|
Table |
||||||||||
|
Sl.No. |
Sub-heading |
Description of goods |
Specifi-cation |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit of measurement |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1 |
2936 21 |
Vitamin-A Palmitate (excluding Vitamin A Palmitate
1.6 MIU/gm) |
Any |
Switzerland |
Any |
DSM Nutritional Products, AG
Switzerland |
DSM Nutritional Products
Asia Pacific, a division of DSM Singapore Industrial Pte Ltd. |
7.34 |
Kg |
US $ |
|
2 |
2936 21 |
Vitamin-A Palmitate (excluding Vitamin A Palmitate
1.6 MIU/gm) |
Any |
Switzerland |
Any other than People’s
Republic of China |
Any other than above |
Any |
8.92 |
Kg |
US $ |
|
3 |
2936 21 |
Vitamin-A Palmitate (excluding Vitamin A Palmitate
1.6 MIU/gm) |
Any |
Any other than People’s
Republic of China |
Switzerland |
Any |
Any |
8.92 |
Kg |
US $ |
|
4 |
2936 21 |
Vitamin-A Palmitate (excluding Vitamin A Palmitate
1.6 MIU/gm) |
Any |
People’s Republic of China |
Any |
Any |
Any |
15.37 |
Kg |
US $ |
|
5 |
2936 21 |
Vitamin-A Palmitate (excluding Vitamin A Palmitate
1.6 MIU/gm) |
Any |
Any |
People’s Republic of China |
Any |
Any |
15.37 |
Kg |
US $ |
Note: Vitamin A Palmitate covers Vitamin A Palmitate
1.7 MIU/gm and Vitamin A Palmitate
1.0 MIU/gm in all its strengths and forms. It
excludes Vitamin A Palmitate 1.6 MIU/gm.
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.
3. The
anti-dumping duty imposed under this notification 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.354/31 /2007-TRU (Pt.I)]