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24th October, 2003.
Notification No. 159/2003 - Customs
WHEREAS the designated authority vide notification No.14/14/2002-DGAD dated the 14
th
August, 2002, published in Part I,
Section 1 of the Gazette of India, Extraordinary, dated the 14
th
August, 2002, had initiated review in the matter of continuation
of final anti-dumping duty on Vitamin C, falling under tariff item 2936 27 00, originating in, or exported from, the People's
Republic of China and Japan, imposed vide notification of Government of India in the Ministry of Finance (Department of
Revenue), No.104/2000-Customs, dated the 21
st
July, 2000 [G.S.R. 626 (E), dated the 21
st
July, 2000]
AND WHEREAS the designated authority vide notification No.14/14/2002-DGAD dated the 31
st
July, 2003, published in Part
I, Section 1 of the Gazette of India, Extraordinary, dated the 31
st
July, 2003, has come to the conclusion that-
(a)
Vitamin C (ascorbic acid) originating in or exported from China has been exported to India below normal value, resulting in
dumping. Cessation of anti-dumping duty in force would result in continuation of dumping of Vitamin C in market;
(b)
The Indian industry has suffered material injury. Cessation of anti-dumping duty in force would result in continuation of injury
to the domestic industry;
(c)the injury has been caused cumulatively by the imports;
and has recommended the imposition of definitive anti-dumping duty on all imports of Vitamin C, originating in, or exported
from, the 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 23 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 goods, the description of which is specified in column (3) of the
Table below, falling under tariff item 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 the corresponding entry in column (4), 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
S.No.
Tariff
item
Description
of goods
Specifi-
cation
Country
of origin
Country
of export
ProducerExporterAmount
Unit of
measure-
ment
Currency
(1)(2)(3) (4) (5) (6) (7) (8) (9)(10) (11)
1.
2936
27 00
Vitamin C or
its synonyms
Any
specification
People's Republic
of China
Any country
Any
producer
Any
exporter
10.11KilogrammeU S Dollar
2.
2936
27 00
Vitamin C or
its synonyms
Any
specification
Any country except
People's Republic
of China
People's
Republic of
China
Any
producer
Any
exporter
10.11KilogrammeU S Dollar
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 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;
(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, 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.
F.No.354/96/2003-TRU
G. S. Karki
Under Secretary to the Government of India