Vitamin E Acetate from China – Final Findings

Ntfn 145       Whereas in the matter of import of
06.10.2003   Vitamin E Acetate, falling under
                     tariff item 2936 28 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), and Vitamin E feed grade falling under sub-heading 2309 90 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the People’s Republic of China, the designated authority vide its preliminary findings notification No. 14/32/2002-DGAD, dated the 2^nd December, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3^rd December, 2002-

And whereas the designated authority, vide its findings notification No. 14/32/2002-DGAD, dated the 22^nd August, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 22^nd August, 2003, has come to the conclusion that.

(a) Vitamin E (Acetate as well as Feed Grade) had been exported to India from the People’s Republic of China below its normal value:

(b) the Indian industry had suffered material injury;

And whereas on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Vitamin E (Acetate as well as Feed Grade) vide notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No. 41/2003-Customs, dated the 17^th March, 2003, (G.S.R. 218(E), dated the 17^th March, 2003), published in Part II, Section 3, Sub-section (I) of the Gazette of India, Extraordinary, dated the 17^th March, 2003.

(a) Vitamin E (Acetate as well as Feed Grade) had been exported to India from the People’s Republic of China below its normal value:

(b) the Indian industry had suffered material injury;

and has recommended the imposition of definitive anti-dumping duty on all imports of Vitamin-E, originating in, or exported from, the 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 the goods, the description of which is specified in column (3) of the Table below, falling under sub-heading or tariff item of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in the corresponding entry in column (4), originating in the countries 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 countries 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 a rate which is equivalent to the difference between the amount as specified 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, and the landed value of such imported goods in like as currency per like unit of measurement.

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 17^th March, 2003, and shall be paid in Indian currency.

3. This notification shall remain in force upto and inclusive of the 16^th March, 2009, unless the notification is revoked earlier. [Inserted by 43/04.04.2008]

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 section 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;

(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, issued from time to time, in exercise of the powers conferred by sub-section (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.

SNo	Sub-heading or tariff item	Description of goods	Specification	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 28 00	Vitamin E Acetate	96% Grade	People’s Republic of China	Any country	Any producer	Any exporter	22.64	Kilogramme	US Dollar
2.	2936 28 00	Vitamin E Acetate	93% Grade	People’s Republic of China	Any country	Any producer	Any exporter	21.94	Kilogramme	US Dollar
3.	2309 90	Vitamin E Feed Grade or Dry powder	50% Grade	People’s Republic of China	Any country	Any producer	Any exporter	11.32	Kilogramme	US Dollar
4.	2936 28 00	Vitamin E Acetate	96% Grade	Any country	People’s Republic of China	Any producer	Any exporter	22.64	Kilogramme	US Dollar
5.	2936 28 00	Vitamin E Acetate	93% Grade	Any country	People’s Republic of China	Any producer	Any exporter	21.94	Kilogramme	US Dollar
6.	2309 00	Vitamin E Feed Grade or Dry powder	93% Grade	Any country	People’s Republic of China	Any producer	Any exporter	11.32	Kilogramme	US Dollar

Note:- The amount for the purposes of column (9) above, for concentrations other than those specified in column (4), shall be calculated on pro rata basis.