Seeks to levy definitive anti-dumping duty on imports of Vitamin E, originating in or exported from the People’s Republic of China for a period of five years.

[TO BE PUBLISHED IN PART II, SECTION 3, SUB-SECTION (i) OF THE GAZETTE OF INDIA, EXTRAORDINARY]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Notification No. 29/2015-Customs (ADD)

Dated- 10th June, 2015

G.S.R. (E). – Whereas, the designated authority vide notification No. 15/31/2013- DGAD, dated the 24th March, 2014, published in the Gazette of India, Extraordinary, Part I, Section 1, had initiated a review in the matter of continuation of anti-dumping duty on imports of Vitamin E (hereinafter referred to as the subject goods) falling under tariff items 2936 28 00 or 2309 90 10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating in or exported from the People’s Republic of China (hereinafter referred to as the subject country), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 33/2009-Customs, dated the 27th March, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 217(E), dated the 27th March, 2009;

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 26th March, 2015 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 16/2014-Customs (ADD), dated the 9th May, 2014, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary vide number G.S.R 329(E), dated the 9th May, 2014;

And whereas, in the matter of review of anti-dumping duty on import of the subject goods, originating in or exported from the subject country, the designated authority in its final findings, published vide notification No. 15/31/2013-DGAD, dated the 23rd March, 2015, in Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that-

(i) the subject goods have been exported to India from the subject country below its associated normal value, thus, resulting in dumping;

(ii) the domestic industry has suffered material injury in respect of the subject goods;

(iii)  the material injury has been caused by the dumped imports from the subject country,

and has recommended imposition of the anti-dumping duty on the subject goods, originating in or exported from the subject country.

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, read with rules 18 and 23 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, 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, specification of which is specified in column (4), falling under tariff items of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), originating in the countries as specified in the corresponding entry in column (5), exported from the countries as specified in the corresponding entry in column (6), produced by the producers as specified in the corresponding entry in column (7), exported by the exporters as specified in the corresponding entry in column (8), imported into India, an anti-dumping duty at the rate 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, namely:-

Table

Sl. No.
Tariff items
Description
of goods
Specific ation
Country of
origin
Country of
export
Producer
Exporter
Amount
Unit
Curre ncy
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
1
2936 28 00
2309 90 10
Vitamin E in all forms excluding natural form
100% grade
People’s Republic of China
People’s
Republic of China
Any
Any
1.77
Kg
US Dollar
2
2936 28 00
2309 90 10
Vitamin E in all forms excluding natural form
100% grade
People’s Republic     of
China
Any country other                than
People’s Republic of China
Any
Any
1.77
Kg
US Dollar
3
2936 28 00
2309 90 10
Vitamin E in all forms excluding natural form
100% grade
Any country other       than
People’s Republic     of China
People’s Republic of China
Any
Any
1.77
Kg
US Dollar

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

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 and shall be paid in Indian currency.

Explanation.- For the purposes of this notification, 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 (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 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. 354/223/2002-TRU (Pt.-I)]

(Akshay Joshi)

Under Secretary to the Government of India

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