Currency Changed to INR from US$ on Anti-dumping Duty on Vitamin-A Palmitate from China and Switzerland

Ntfn 112       Whereas, in the matter of import of
30.10.2007   Vitamin A Palmitate (hereinafter
                     referred to as the subject goods), falling under the Tariff item 2936 21 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), (hereinafter referred to as the said Customs Tariff Act), originating in, or exported from, Switzerland and the People’s Republic of China (hereinafter referred to as the subject countries), the designated authority in preliminary findings vide notification No. 14/11/2005-DGAD dated the 20th February, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20th February, 2007, had come to the conclusion that -

(i)    the subject goods have entered the Indian market from the subject countries at prices less than their normal values in the domestic markets of the exporting countries;

(ii)   the dumping margins of the subject goods imported from the subject countries or territories are substantial and above de minimis;

(iii)  the domestic industry suffers material injury;

(iv)  and the injury has been caused to the domestic industry both by volume and price effect of dumped imports of the subject goods originating in or exported from the subject counties;

and had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in, or exported from, the subject countries;

And whereas on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.47/2007-CUSTOMS, dated the 28th March, 2007, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 28th March, 2007 vide G.S.R.No.244 (E), dated the 28th March, 2007;

And whereas the designated authority in its final findings vide notification No.14/11/2005 -DGAD, dated the 14th September, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 17th September, 2007, has come to the conclusion that–

(i)    the subject goods have entered the Indian market from the subject countries at prices less than their normal values in the domestic markets of the exporting countries;

(ii)   the dumping margins of the subject goods imported from the subject countries or territories are substantial and above de minimis;

(iii)  the domestic industry suffers material injury; and

(iv)  the injury has been caused to the domestic industry both by volume and price effect of dumped imports of the subject goods originating in or exported from the subject counties;

and has recommended the imposition of definitive anti-dumping duty on imports of the subject goods originating in, or exported, from the subject countries;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975(51 of 1975) read with 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 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 tariff item of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), specification of goods as specified in column (4), originating in the country 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 country 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 the rate equal to the amount indicated 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.

Table

SNo.

Tariff item

Description of goods

Specifi- cation

Country of origin

Country of export

Producer

Exporter

Amount

Unit of measure- ment

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1.

293621 00

Vitamin-A Palmitate (excluding Vitamin A Palmitate1.6 MIU/gm)

Any

Switzerland

Any

DSM Nutritional Products, AG Switzerland

DSM Nutritional Products Asia Pacific Pts Ltd., Singapore

313

Kilogram

Rupees

2.

293621 00

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

690

Kilogram

Rupees

3.

293621 00

Vitamin-A Palmitate (excluding Vitamin A Palmitate 1.6 MIU/gm)

Any

Any other than People's Republic of China

Switzerland

Any

Any

690

Kilogram

Rupees

4.

293621 00

Vitamin-A Palmitate (excluding Vitamin A Palmitate 1.6 MIU/gm)

Any

People’s Republic of China

Any

Zhejiang NHU Company Ltd.

Synchem International Company Ltd.

590

Kilogram

Rupees

5.

293621 00

Vitamin-A Palmitate (excluding Vitamin A Palmitate 1.6 MIU/gm)

Any

People’s Republic of China

Any

Any other than above

Any

941

Kilogram

Rupees

6.

293621 00

Vitamin-A Palmitate (excluding Vitamin A Palmitate 1.6 MIU/gm)

Any

Any

People’s Republic of China.

Any

Any

941

Kilogram

Rupees

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, that is, the 28th March, 2007.

F.No.354/31/2007 –TRU