Notification No. 94/2002, Dated 9th Sept 2002

9th September, 2002

Notification No. 94 /2002-Customs

            WHEREAS, in the matter of import of Vitamin AB₂D₃K falling under Chapter 23 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the European Union, the Unites States of America, Thailand and Singapore, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25^th September, 2001, had come to the conclusion that -

(a)     Vitamin AB₂D₃K (Single strength and Triple strength) originating in, or exported from, the European Union, Thailand and Singapore, had been exported to India below normal value, resulting in dumping;

(b)     the Indian industry had suffered material injury;

(c)     injury had been caused by imports from the European Union, Thailand and Singapore cumulatively;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 129/2001-Customs, dated the 21st December, 2001 [G.S.R. 917(E), dated the 21st December, 2001] published in part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 21st December, 2001;

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

(a)     Vitamin AB₂D₃K (Single strength and Triple strength) originating in, or exported from, the European Union, Thailand 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 to the domestic industry by dumping of Vitamin AB2D3K (single strength and triple strength) originating in, or exported from, the European Union, Thailand and Singapore cumulatively;

AND WHEREAS, the designated authority has recommended imposition of definitive ant-dumping duty on all imports of Vitamin AB2D3K (single strength and triple strength) falling under Chapter 23 of the said Customs Tariff Act, originating in, or exported from the European Union, Thailand and Singapore;

NOW, THEREFORE, in exercise of 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 above findings of the designated authority, hereby imposes on Vitamin AB₂D₃K, of the description given in column (4) of the Table below, falling under Chapter 23 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, countries or territories specified in corresponding entries in column (2) of the said Table, and exported by exporters specified in corresponding entries in column (3) of the said Table, an anti-dumping duty at the rate which is to be calculated as the difference between the amount specified in the corresponding entries in column (5) and the landed value, in US $ per kilogramme, of such imported Vitamin AB₂D₃K 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 21st December, 2001, 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 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 under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, and the relevant date for 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.354/185/2001-TRU