Notification No. 141/2002, Dated 26th Dec 2002

26th December, 2002

Notification No. 141 /2002-Customs

            WHEREAS in the matter of import of Vitamin AD₃500/100, falling under chapter 23 or 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, People’s Republic of China, the designated authority vide its preliminary findings notification No.56/1/2001-DGAD dated the 2^nd January, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2^nd January, 2002, had come to the conclusion that -

(a)     Vitamin AD₃ 500/100 originating in, or exported from, the People’s Republic of China, 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 by imports from the People’s Republic of China;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Vitamin AD₃500/100 vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 14/2002–Customs, dated the 7th February, 2002, [G.S.R. 90 (E), dated the 7th February, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 7th February, 2002;

AND WHEREAS the designated authority, vide its final findings notification No.56/1/2001-DGAD, dated the 16th October, 2002 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 16th October, 2002 has come to the conclusion that -

(a)     Vitamin AD₃ 500/100 originating in, or exported from, the People’s Republic of China, has been exported to India below normal value, resulting in dumping;

(b)     the Indian industry has suffered material injury;

(c)     material injury has been caused by imports from the People’s Republic of China;

and has recommended the imposition of definitive anti-dumping duty on all imports of the said Vitamin AD₃500/100, originating in, or exported from, People’s Republic of China;

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 AD₃500/100, falling under chapter 23 or 29 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, People’s Republic of China and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between US$ 40.03 per kilogramme and the landed value of such imported Vitamin AD₃500/100 in US$ per kilogramme.

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 7th February, 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.

G.D. Lohani
Under Secretary to the Government of India