NOTIFICATION No. 78/2000-CUSTOMS dated the 26th May. 2000

WHEREAS in the matter of import of Citric acid falling under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from the People's Republic of China, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section I, dated, the 20th October, 1998 had come to the conclusion that-

1. Citric acid originating in, or exported from the People's Republic of China has been exported to India below normal value, resulting in dumping;
   
   
2. The Indian industry has suffered material injury;
   
   
3. the injury has been caused cumulatively by exports from the subject country;
   
   

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government has imposed anti-dumping duty vide notification no. 94/98-Customs dated the 24th November, 1998 published in Part II. Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 24th November; 1998;

AND WHEREAS the designated authority vide its final bindings Published in Part I, Section I of the Gazette of India Extraordinary, dated the 15th March 1999 had come to the conclusion that -

1. Citric acid has been exported from the People's Republic of China at a price lower than the normal value:
   
   
2. the domestic injury has suffered material injury:
   
   
3. the causal link between dumping and injury is established;
   
   

AND WHEREAS on the basis of the aforesaid final findings of the designated authority, the Central Government has imposed anti-dumping duty vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.44/99-Customs dated the 29th April 1999 published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 29th April, 1999;

AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as CEGAT), in its final order No.31/2000-AD, dated the 9th February 2000 in Appeal No.C/240/99-AD in the matter of M/s Ajmal Chemicals vs the Designated Authority, has held that "subject to the modification of the final order to the effect that anti-dumping duty will be the difference between US $ 1677.06 and the landed value of imports per metric tonne where the landed value is less than the above amount calculated in US dollars";

AND WHEREAS the Designated Authority has accepted the above order of CEGAT dated the 9th February, 2000;

Now, therefore, in exercise of the powers conferred by subsection (1) of section 9A, read with subsection (6) of section 3 of the said Customs Tariff Act, and rules 18 and 20 of Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.44/99-Customs dated me 29111 April, 1999 [G.S.R.291(E), dated the 29th April, 1999], except as respects things done or omitted to be done before such supersession, me Central Government hereby imposes on citric acid, falling under Chapter 29 of the First Schedule to the said Customs Tariff Act, originating in, or exported from. People's Republic of China, and imported into India, an anti-dumping duty at the rate equivalent to the difference between US $1677.06 and the landed value of imports per metric tonne, where the landed value is less than the above amount calculated in US collars.

Explanation I:-

For the purposes of this notification, landed value means the assessable value as determined under the Customs Act, 1962, and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A, as the case may be, of the Customs Tariff Act, 1975.

Explanation II:-

For the purposes of this notification, the anti-dumping duty shall be paid in Indian currency. The "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.

(Prashant Kumar Sinha) Under Secretary to the Government of India

F.No. 354/136/98-TRU(Pt-II)

Presented by eximkey.com