Notification No. 53/2002, Dated 21st May 2002

21^st May, 2002

Notification No. 53 /2002-Customs

            WHEREAS in the matter of import of Vitamin AD₃ 500/100 falling under Chapter 23 or 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the European Union and Singapore, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 6^th June, 2001, had come to the conclusion that -

(a)             Vitamin AD₃ 500/100 originating in, or exported from, the European Union and Singapore, 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 European Union and Singapore;

            AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the said Vitamin AD₃ 500/100 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 76/2001–Customs, dated the 11^th July, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 11^th July, 2001 vide No. G.S.R. 521(E), dated the 11^th July, 2001;

            AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18^th March, 2002, has come to the conclusion that -

(a)         Vitamin AD₃ 500/100, in all forms, originating in, or exported from, the European Union and Singapore, have been exported to India below normal value except in case of exports effected by M/s BASF Aktiengesellschaft, Germany through M/s BSEA, Singapore;

(b)         the domestic industry has suffered material injury;

(c)         the injury has been caused to the domestic industry by dumping of Vitamin AD₃ 500/100 originating in, or exported from, the European Union and Singapore;

            NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-section (5) of the said section 9A 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 the said Vitamin AD₃ 500/100 falling under Chapter 23 or 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the European Union and Singapore, and when exported by the exporters mentioned in column (3) of the Table annexed hereto, and imported into India, an anti-dumping duty at the rate which is to be calculated as the difference between the amount mentioned in column (4) of the said Table and the landed value of such imported Vitamin AD₃ 500/100 per Kilogramme.

Table

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 11^th July, 2001 and 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 (Department of Revenue), issued from time to time, in exercise of the powers under 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