Vitamin AD3
500/100 from China – Final Findings
Ntfn
141 Whereas in the matter of import
of
26.12.2002 Vitamin AD3500/100, falling under
chapter 23 or 29 of
the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating
in, or exported from, People’s Republic of China, the designated authority vide
its preliminary findings notification No.56/1/2001-DGAD dated the 2nd January,
2002, had come to the conclusion that -
(a) Vitamin AD3
500/100 originating in, or exported from, the People’s Republic of China, has
been exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused by imports from the People’s
Republic of China;
AND WHEREAS on the basis of the aforesaid findings of
the designated authority, the Central Government had imposed an anti-dumping
duty on Vitamin AD3500/100 vide notification of the Government of
India in the erstwhile Ministry of Finance (Department of Revenue), No.
14/2002–Customs, dated the 7th February, 2002, [G.S.R. 90 (E), dated the 7th
February, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 7th
February, 2002;
AND WHEREAS the designated authority, vide its
final findings notification No.56/1/2001-DGAD, dated the 16th October, 2002
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
16th October, 2002 has come to the conclusion that -
(a) Vitamin AD3
500/100 originating in, or exported from, the People’s Republic of China, has
been exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) material injury has been caused by imports from the People’s
Republic of China;
and has recommended the imposition of definitive
anti-dumping duty on all imports of the said Vitamin AD3500/100,
originating in, or exported from, People’s Republic of China;
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
Vitamin AD3500/100, falling under chapter 23 or 29 of the First
Schedule to the said Customs Tariff Act, originating in, or exported from, People’s
Republic of China and imported into India, an anti-dumping duty at a rate which
is equivalent to the difference between US$ 40.03 per kilogramme
and the landed value of such imported Vitamin AD3500/100
in US$ per kilogramme.
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 7th February, 2002, and shall be paid in Indian currency.
Explanation.- For the purposes of this notification,-
(a) “landed value” means the assessable value as
determined under the Customs Act, 1962 (52 of 1962) and includes all duties of
customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said
Customs Tariff Act; and
(b)
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 said Customs Act, 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.