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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

18th October, 2005

Notification No. 92/2005-Customs

Whereas in the matter of import of Vitamin C, (herein after also referred to as the subject goods), 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 by its preliminary findings vide 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 conclusions 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 had recommended imposition of provisional anti-dumping duty on all imports of vitamin-C, originating in or exported from the subject countries;

And whereas on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional 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;

And whereas the designated authority, by its final findings vide 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, had come to the conclusions 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 had recommended imposition of definitive anti-dumping duty on all imports of vitamin-C, originating in or exported from the subject countries;

And whereas on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed final anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 124/2003-CUSTOMS, dated the 8th August, 2003, G.S.R. 647 (E), dated the 8th August, 2003;

And whereas the designated authority, by its final findings in mid-term review vide notification No.15/24/2004-DGAD dated the 25th July, 2005,published in the Gazette of India, Extraordinary, Part- I, section 1, dated the 26th July, 2005, has come to the conclusions that in the absence of proper response from the interested parties, the critical parameters such as dumping, material injury and the causal relationship between the two could not be established, and hence cessation of anti-dumping duty on imports of subject goods from subject countries is not likely to lead to continuation or recurrence of injury to the domestic industry and has recommended discontinuation of imposition of the anti-dumping duty on 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 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 hereby rescinds the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 124/2003-CUSTOMS, dated the 8th August, 2003, G.S.R. 647 (E), dated the 8th August, 2003, except as respects things done or omitted to be done before such rescission.

[F.No.354/120/2005-TRU]

(Ajay)
Under Secretary to the Government of India

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