Vitamin C from China and Japan – Minimum Landed Value Specified in Initiation Review

Ntfn 159       WHEREAS the designated authority
24.10.2003   vide notification No.14/14/2002-DGAD
                     dated the 14^thAugust, 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;

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.

Note.- The most commonly used synonyms of Vitamin C are Ascorbic Acid, L-Xyloascorbic Acid, 3-Oxo-L-gulofura-nolactone (enol form), L-3-Ketothre-ohexuronic 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.

3. This notification shall remain in force upto and inclusive of the 23rd October, 2009, unless the notification is revoked earlier. [Inserted by 109/21.10.2008]

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.

Table

SNo	Tariff item	Description of goods	Specification	Country of origin	Country of export	Producer	Exporter	Amount	Unit of measurement	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	10.11	Kilogramme	US 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	10.11	Kilogramme	US Dollar