Citric Acid from Indonesia and Thailand - Final Findings

Ntfn 38         WHEREAS in the matter of import
04.03.2003   of Citric acid, falling under sub-heading
                     2918 14 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Indonesia and Thailand, the designated authority vide its preliminary findings notification No.14/11/2002-DGAD dated the 14th June, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14th June, 2002, had come to the conclusion that -

(a) Citric acid, originating in, or exported from, Indonesia and Thailand had been exported to India below normal value, resulting in dumping;

(b) the Indian industry had suffered material injury from exports of Citric Acid from Indonesia and Thailand;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Citric acid vide notification of the Government of India in the Ministry of Finance and Company Affairs (Department of Revenue), No. 86/2002–Customs, dated the 26th August, 2002, [G.S.R. 596 (E), dated the 26th August, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 26th August, 2002;

AND WHEREAS the designated authority, vide its final findings notification No.14/11/2002-DGAD dated the 17th January, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 21st January, 2003, has come to the conclusion that -

(a) Citric acid, originating in, or exported from, Indonesia and Thailand has been exported to India below normal value, resulting in dumping;

(b) the Indian industry has suffered material injury on account of price undercutting, price suppression and significant increase in the volume of dumped imports of Citric acid from Indonesia and Thailand;

and has recommended the imposition of definitive anti-dumping duty on all imports of the said Citric acid, originating in, or exported from, Indonesia and Thailand;

Now, therefore, in exercise of the 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 the aforesaid final findings of the designated authority, hereby imposes on all imports of Citric acid, falling under sub-heading 2918 14 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the countries specified in column (2) of the Table below and imported into India, an anti-dumping duty at a rate which is specified in the corresponding entry in column (3) of the said Table.

Table
SNo	Name of the Country	Rate of anti-dumping duty (US $ per metric tonne)
(1)	(2)	(3)
1.	Indonesia	456.67
2.	Thailand	374.36

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 26th August, 2002, 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 and Company Affairs (Department of Revenue), issued from time to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3) of 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.