Notification No. 143/2002, Dated 27th Dec 2002

27th December, 2002

Notification No. 143/2002-Customs

            WHEREAS in the matter of import of Vitamin C, falling under sub-heading 2936.27 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, 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 imposition of provisional anti-dumping duty, pending final determination, 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 (2) of section 9A of the said Customs Tariff Act, read with rules 13 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 findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under sub-heading 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 column (4) of the said Table, 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

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 effective upto and inclusive of the 26th day of June, 2003, and shall be payable 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 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 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.

Vivek Prasad
Under Secretary to the Government of India

F.No.354/202/2002-TRU