CUS NTF NO. 38/2003 DATE 04/03/2003
Anti-dumping duty on Citric acid falling under sub-heading 2918
14
G.S.R. (E).- WHEREAS in the matter of import of Citric acid, falling under
sub-heading 2918 14 of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975), originating in, or exported from, Indonesia and Thailand, the designated
authority vide its preliminary findings notification No.14/11/2002-DGAD dated the
14th June, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 14th June, 2002, had come to the conclusion that -
(a) Citric acid, originating in, or exported from, Indonesia and Thailand had been
exported to India below normal value, resulting in dumping;
(b) the Indian industry had suffered material injury from exports of Citric Acid from
Indonesia and Thailand;
(c) the injury had been caused cumulatively by the dumped imports from Indonesia
and Thailand;
AND WHEREAS on the basis of the aforesaid findings of the designated authority,
the Central Government had imposed an anti-dumping duty on Citric acid vide
notification of the Government of India in the Ministry of Finance and Company
Affairs (Department of Revenue),
No. 86/2002–Customs, dated the 26th August,
2002, [G.S.R. 596 (E), dated the 26th August, 2002], published in Part II, Section
3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 26th August,
2002;
AND WHEREAS the designated authority, vide its final findings notification
No.14/11/2002-DGAD dated the 17th January, 2003, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 21st January, 2003, has come to
the conclusion that -
(a) Citric acid, originating in, or exported from, Indonesia and Thailand has been
exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury on account of price
undercutting, price suppression and significant increase in the volume of dumped
imports of Citric acid from Indonesia and Thailand;
(c) the injury has been caused cumulatively to the domestic industry by the
dumped imports from Indonesia and Thailand;
and has recommended the imposition of definitive anti-dumping duty on all imports
of the said Citric acid, originating in, or exported from, Indonesia and
Thailand;
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 Citric acid, falling under sub-heading 2918 14 of
the First Schedule to the said Customs Tariff Act, originating in, or exported from,
the countries specified in column (2) of the Table below and imported into India,
an anti-dumping duty at a rate which is specified in the corresponding entry in
column (3) of the said Table.
TABLE
| S. No. | Name of the Country | Rate of
anti-dumping duty(US $ per metric tonne) |
|---|
| (1) | (2) | (3) |
|---|
| 1. | Indonesia | 456.67 |
| 2. | Thailand | 374.36 |
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 26th
August, 2002, and shall be paid in Indian currency.
Explanation.- For the purposes of this notification, 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 Customs Act, 1962 (52 of 1962), 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.354/118/2002-TRU]
(Alok Shukla)
Deputy Secretary to the Government of India
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