NOTIFICATION NO. 38/2015 CUS (ADD), DT. 06/08/2015
Seeks to levy definitive anti-dumping duty on imports of Vitamin C, originating in or exported from the People's Republic of China for a period of five years
G.S.R. (E). – Whereas, the designated authority, vide notification No. 15/10/2014- DGAD, dated the 11th June, 2014, published in the Gazette of India, Extraordinary, Part I, Section 1, had initiated a review in the matter of continuation of anti-dumping duty on imports of Vitamin C (hereinafter referred to as the subject goods) falling under tariff item 2936 27 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating in, or exported from, the People's Republic of China (hereinafter referred to as the subject country), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 67/2009-Customs, dated the 16th June, 2009, published in
the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 425(E), dated the 16th June, 2009;
And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in, or exported from, the subject country upto and inclusive of the 15th June, 2015, vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 33/2014-Customs (ADD), dated the 23rd July, 2014, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R 528(E), dated the 23rd
July, 2014;
And whereas, in the matter of review of anti-dumping duty on import of the subject goods, originating in, or exported from, the subject country, the designated authority in its final findings, published vide notification No. 15/10/2014-DGAD, dated the 10th June, 2015, in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that-
(i) there is continued dumping of the subject goods from the subject country and the dumping margin is above de-minimis and significant;
(ii) dumped imports have caused injury to the domestic industry in the period of investigation;
(iii) should the present anti-dumping duties cease, dumping of the subject goods from the subject country is likely to get intensified causing consequent injury to the domestic industry,and had recommended imposition of the anti-dumping duty on the subject goods, originating in, or exported from, the subject country.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, read with 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, after considering the aforesaid final findings of the designated authority, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, specification of which is specified in column (4), falling under tariff item of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), originating in the countries as specified in the corresponding entry in column (5), exported from the countries as specified in the corresponding entry in column (6), produced by the producers as specified in the corresponding entry in column (7), exported by the exporters as specified in the corresponding entry in column (8), imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and as per unit of measurement as
specified in the corresponding entry in column (10) of the said Table, namely:-
Table
| S.No | Tariff item | Description of goods | Specifi-cation | Country of origin | Country of export | Producer | Exporter | Amount | Unit | Currency |
|---|
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
|---|
| 1. | 2936 27 00 | Vitamin C | All Forms/ Grades | People's Republic of China | People's Republic of China | Any | Any | 3.74 | Kg | US Dollar |
| 2. | 2936 27 00 | Vitamin C | All Forms/ Grades | Any country other than People's Republic of China | People's Republic of China | Any | Any | 3.74 | Kg | US dollar |
| 3. | 2936 27 00 | Vitamin C | All Forms/ Grades | Any country other than People's Republic of China | People's Republic of China | Any | Any | 3.74 | Kg | US Dollar |
Note:- The anti-dumping duty under this notification shall be applicable to all synonyms of Vitamin- C, including, most commonly used synonyms of Vitamin-C, namely, 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 effective for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette 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 (Department of Revenue), issued from time to time, in exercise of the powers conferred by 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. 354/96/2003-TRU (Pt.-I)]
(Akshay Joshi)
Under Secretary to the Government of India
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