GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
8th August, 2003.
Notification No. 124/2003-Customs
WHEREAS in the matter of import of Vitamin C, falling under tariff item 2936 27 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the United States of America and Canada (herein after referred to as the subject countries), the designated authority vide its preliminary findings notification No.14/25/2002-DGAD, dated the 1st November, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st November, 2002, had come to the conclusion that –
| (a) |
Vitamin C originating in or exported from the subject countries had been exported to India below normal value, resulting in dumping; |
| (b) | the Indian industry had suffered material injury ; |
| (c) |
the injury had been caused cumulatively by the imports from the subject countries; |
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods vide notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No. 143/2002-Customs, dated the 27th December, 2002, [G.S.R. 844 (E), dated the 27th December, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27th December, 2002;
AND WHEREAS the designated authority, vide its final findings notification No.14/25/2002-DGAD, dated the 10th July, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 10th July, 2003, has come to the conclusion that –
| (a) |
Vitamin C originating in or exported from the subject countries 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 cumulatively by the imports from the subject countries; |
and has recommended the imposition of definitive anti-dumping duty on all imports of Vitamin C, originating in, or exported from, the subject countries;
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 of the Table below, falling under 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 currency per like unit of measurement.
Table
Sr.No. |
Tariff item |
Description of goods |
Specifi-cation |
Country
|
Country
|
Producer |
Exporter |
Amount |
Unit of measure-ment |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
1. |
2936 27 00 |
Vitamin C or its synonyms |
Any specification |
United States of America |
Any country |
Any producer |
Any exporter |
10.11 |
Kilogramme |
U S Dollar |
2. |
2936 27 00 |
Vitamin C or its synonyms |
Any specification |
Any country except Canada |
United States of America |
Any producer |
Any exporter |
10.11 |
Kilogramme |
U S Dollar |
3. |
2936 27 00 |
Vitamin C or its synonyms |
Any specification |
Canada |
Any country |
Any producer |
Any exporter |
10.11 |
Kilogramme |
U S Dollar |
4. |
2936 27 00 |
Vitamin C or its synonyms |
Any specification |
Any country except United States of America |
Canada |
Any producer |
Any exporter |
10.11 |
Kilogramme |
U S 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 described under entry number “867 of MERCK INDEX”.
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 27th December, 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;
(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-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.
G. S. Karki
Under Secretary to the Government of India
F.No.354/202/2002-TRU
