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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

7th March, 2003

Notification No. 40/2003-Customs

WHEREAS in the matter of import of Vitamin A Palmitate, falling under tariff item 2936 21 00 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 notification No.65/1/2001-DGAD dated the 30th April, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st May, 2002, had determined that –

(a) Vitamin A Palmitate, originating in, or exported from, European Union and Georgia had been exported to India below its normal value, resulting in dumping;

(b)  the domestic industry had suffered material injury;

(c) the injury had been caused by imports from European Union and Georgia;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Vitamin A Palmitate vide notification of the Government of India in the Ministry of Finance and Company Affairs (Department of Revenue), No. 80/2002-Customs, dated the 13th August, 2002, [G.S.R. 558 (E), dated the 13th August, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 13th August, 2002;

AND WHEREAS the designated authority, vide its final findings notification No.65/1/2001-DGAD dated the 23rd January, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd January, 2003, 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) injury suffered by the domestic industry is on account of the dumped imports from European Union and Georgia;

and has recommended the imposition of definitive anti-dumping duty on all imports of the said Vitamin A Palmitate, originating in, or exported from, European Union and Georgia;

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 A Palmitate, falling under tariff item 2936 21 00 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country or 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

S.No.

Name of the country/territory

Name of the producer/exporter

Amount (US$/kilogram)

(1)

(2)

(3)

(4)

1.

European Union

All producers/exporters

113.95

2.

Georgia

All producers/exporters

113.95

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 1.7MIU/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 levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 13th August, 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.

Alok Shukla
Deputy Secretary to the Government of India

F.No.354/80/2002-TRU

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