Another Five Years of Anti-dumping Duty on Vitamin C from China, Japan Excluded

Ntfn 67 Whereas, the designated authority
16.06.2009 vide notification No. 15/16/2008-DGAD,
dated the 23rd May, 2008, published in Part I, section 1 of the Gazette of India, Extraordinary, dated the 27th May, 2008, had initiated review in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Tariff Act), and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said rules), in the matter of continuation of anti-dumping duty on Vitamin C (hereinafter referred as the subject goods) , originating in, or exported from the People’s Republic of China (hereinafter referred as the subject country), imposed vide  notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 159/2003- CUSTOMS dated the 24th October, 2003, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.840(E), dated the 24th October, 2003, and had requested for  extension of anti-dumping duty for a period of one year from the date of its expiry, in terms of sub-section (5) of section 9A of the said Customs Tariff Act;

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 23rd October, 2009 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 109/2008 -Customs dated the 21st October, 2008, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.743(E), dated the 21st October, 2008;

And whereas, in the matter of review of anti-dumping on import of the subject goods, originating in, or exported from, the subject country, the designated authority in its final findings issued vide notification No. 15/16/2008-DGAD, dated 21st May, 2009, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 22nd May, 2009, had come to the conclusion that-

(a) the subject goods originating in, or exported from, the subject country had been exported to India below their normal value, resulting in dumping;

(b) the performance of domestic industry had not improved during the continuation of anti-dumping duty on the subject goods; and

(c) discontinuation of anti-dumping duties on the subject goods from subject country would lead to the continuation of dumping and injury to the domestic industry;

and had recommended continued imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from, the subject country and imported into India, in order to remove injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said Tariff Act, read with rules 18 and 23 of the said rules, 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 tariff item of the First Schedule to the said 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 country as specified in the corresponding entry in column (5), and produced by the producer 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 exporter as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is 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

S.No.	Tariff item	Description of goods	Specifi-cation	Country of origin	Country of export	Producer	Exporter	Amount	Unit of measur-ement	Curre-ncy
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	2936 27 00	Vitamin C or its synonyms	Any	People’s Republic of China	People’s Republic of China	Any	Any	3.99	Kg	US dollar
2.	2936 27 00	Vitamin C or its synonyms	Any	People’s Republic of China	Any country other than People’s Republic of China	Any	Any	3.99	Kg	US dollar
3.	2936 27 00	Vitamin C or its synonyms	Any	Any	People’s Republic of China	Any	Any	3.99	Kg	US dollar

Note. - The most commonly used synonyms of Vitamin C are Ascorbic Acid, L-Xyloascorbic Acid, 3-Oxo-L-gulofuranolactone (enol form), L-3-Ketothreohexuronic Acid Lactone etc., as specified under entry number “ 867 of MERCK INDEX”

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. The anti-dumping duty shall be paid in Indian currency.

Explanation. - For the purposes of this notification, rate of exchange applicable for the purposes of calculation of 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 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.354/96/2003-TRU]