[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
13th August, 2002
Notification No. 80/2002-Customs
WHEREAS in the matter of import of Vitamin A Palmitate, falling under sub-heading 2936.21 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, European Union, Singapore and Georgia, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st May , 2002 has determined that –
|
(a) |
Vitamin A Palmitate, originating in, or exported from, European Union and Georgia has been exported to India below its normal value, resulting in dumping; |
|
(b) |
the domestic industry has suffered material injury; |
|
(c) |
the injury has been caused by imports from European Union and Georgia; |
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 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 findings of the designated authority, hereby imposes on Vitamin A Palmitate, falling under sub-heading 2936.21 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country/territory specified in column (2) of the Table given below, when exported by producers/exporters specified in column (3) of the said Table, and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount specified in the corresponding entry in column (4) of the said Table and the landed value, in US $ per kilogram, of such imported Vitamin A Palmitate.
TABLE
| Sr.No. | Name of the country/ territory | Name of the producer/ exporter | Amount (US$/ kilogram) |
|
(1) |
(2) |
(3) |
(4) |
| 1. | European Union | All producers/ exporters | 113.84 |
| 2. | Georgia | All producers/ exporters | 113.84 |
Note:- The amounts specified in column (4) of the Table are applicable to Vitamin A Palmitate of strength 1.7MIU/g. The amount for the purposes of column (4), for Vitamin A Palmitate of strengths other than 1.7 MIU/g, shall be calculated by dividing the amount specified in column (4) of the Table by 1.7 and multiplying the quotient by the strength of imported Vitamin A Palmiate in MIU/g.
2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 12th day of February, 2003, and shall be payable 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 & 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.
F.No.354/80/2002-TRU
Vivek Prasad
Under Secretary to the Government of India
