7th March, 2003
Notification No. 40/2003-Customs
WHEREAS in the matter of import of Vitamin A Palmitate, falling under tariff item 2936 21 00 of the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, European Union, Singapore and Georgia, the
designated authority vide its preliminary findings notification No.65/1/2001-DGAD dated the 30th April, 2002 , published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 1st May, 2002, had determined that -
(a) Vitamin A Palmitate, originating in, or exported from, European Union and Georgia had been exported to India below
its normal value, resulting in dumping;
(b) the domestic industry had suffered material injury;
(c) the injury had been caused by imports from European Union and Georgia;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an
anti-dumping duty on Vitamin A Palmitate vide notification of the Government of India in the Ministry of Finance and Company
Affairs (Department of Revenue), No. 80/2002-Customs, dated the 13th August, 2002, [G.S.R. 558 (E), dated the 13th August,
2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 13th August, 2002;
AND WHEREAS the designated authority, vide its final findings notification No.65/1/2001-DGAD dated the 23rd January,
2003 , published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd January, 2003, has determined that -
(a) Vitamin A Palmitate, originating in, or exported from, European Union and Georgia has been exported to India below
its normal value, resulting in dumping;
(b) the domestic industry has suffered material injury;
(c) injury suffered by the domestic industry is on account of the dumped imports from European Union and Georgia;
and has recommended the imposition of definitive anti-dumping duty on all imports of the said Vitamin A Palmitate, originating
in, or exported from, European Union and Georgia;
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 A Palmitate, falling under tariff item 2936 21 00
of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country or territory specified in column
(2) of the Table given below, when exported by producers/exporters specified in column (3) of the said Table, and imported into
India, an anti-dumping duty at a rate which is equivalent to the difference between the amount specified in the corresponding
entry in column (4) of the said Table and the landed value, in US $ per kilogram, of such imported Vitamin A Palmitate.
Table
S.No.Name of the country/territoryName of the producer/exporterAmount (US$/kilogram)
(1) (2) (3) (4)
1.European Union All producers/exporters 113.95
2.Georgia All producers/exporters 113.95
Note:- The amounts specified in column (4) of the Table are applicable to Vitamin A Palmitate of strength 1.7MIU/g. The
amount for the purposes of column (4), for Vitamin A Palmitate of strengths other than 1.7MIU/g, shall be calculated by dividing
the amount specified in column (4) of the Table by 1.7 and multiplying the quotient by the strength of imported Vitamin A
Palmiate in MIU/g.
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 13th August, 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.
Alok Shukla
Deputy Secretary to the Government of India
F.No.354/80/2002-TRU