REGD. NO. D. L -33004/99

The Gazette of India

EXTRAORDINARY

PART It-Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No.

419]

NEW DELHI, MONDAY, SEPTEMBER 9, 2002/BHADRA 18,1924

2815 GI/2002

(1)

2_

THE GAZhTlK OF INDIA: EXTRAORDINARY

[PART II—SEC,3(J)1

_3

MINISTRY OF FINANCE AND COMPANY AFFAIRS

(Department of Revenue)

NOTIFICATION

New Delhi, the 9th September, 2002

No.94/2002-CUSTOMS

G.S.R 6JS(E).— WHEREAS, in the matter of import of Vitamin AB2DjK falling under Chapter 23 of the First

Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the European Union, the Unites

States of America, Thailand and Singapore, the designated authority vide its preliminary findings, published in the Gazette

of India, Extraordinary, Part I, Section 1, dated the 25th September, 2001, had come to the conclusion that -

(a) Vitamin ABiD3K (Single strength and Triple strength) originating in, or exported from, the European Union,

Thailand and Singapore, had been exported to India below normal value, resulting in dumping;

(b) the Indian industry had suffered material injury;

(c) injury had been caused by imports from the European Union, Thailand and Singapore cumulatively;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had

imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of

Revenue), No. 129/2001-Customs, dated the 21st December, 2001 [G.S.R. 917(E), dated the 21st December, 2001]

published in part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 21st December, 2001;

AND WHEREAS, the designated authority vide its final findings, published in the Gazette of India,

Extraordinary, Part 1, Section 1, dated the 1st July, 2002, has come to the conclusion that -

(a) Vitamin AB2D3K (Single strength and Triple strength) originating in, or exported from, the European Union,

Thailand and Singapore, has been exported to India below normal value, resulting in dumping;

(b) the Indian industry has suffered material injury;

(c) the injury has been caused to the domestic industry by dumping of Vitamin AB2D3K (single strength and triple

strength) originating in, or exported from, the European Union, Thailand and Singapore cumulatively;

AND WHEREAS, the designated authority has recommended imposition of definitive ant-dumping duty on all

imports of Vitamin AB2D3K (single strength and triple strength) falling under Chapter 23 of the said Customs Tariff Act,

originating in, or exported from the European Union, Thailand and Singapore;

NOW, THEREFORE, in exercise of 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-<hifnping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the

basis of above findings of the designated authority, hereby imposes on Vitamin AB2D3K, of the description given in

column (4) of the Table below, falling under Chapter 23 of the First Schedule to the said Customs Tariff Act, originating

in, or exported from, countries or territories specified in corresponding entries in column (2) of the said Table, and

exported by exporters specified in corresponding entries in column (3) oi" the said Table, an anti-dumping duty at the rate

which is to be calculated as the difference between the amount specified in the corresponding entries in column (5) and the

landed value, in US $ per kilogramme, of such imported Vitamin ABjD3K per Kilogramme.

4

.

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART II—SEP. 3(i)l

TAnLE

S.No

(1)

1.

2.

3.

4.

5.

Name of the

Country/Territory

(2)

Thailand

Thailand

Singapore

Singapore

European Union

Name of the Exporter or Producer

(3)

M/s BASF (Thai) Ltd.

All exporters /producers other than that

specified against S.No. 1

M/s Aventis Animal Nutrition, Singapore

All exporters /producers oiher than that

specified against S.No. 3

All exporters

Description

of

Vitamin AB2D3K

(4)

Single strength

Triple strength

Single strength

Triple strength

Single strength

Triple strength

Single strength

Triple strength

Triple strength

Amount (in US £ per

Kilogramme)

(5)

11.56

27.74

11.56

27.74

11.56

27.74

11.56

27.74

27.74

2.

The anti-dumping duty imposed under this notificaiion shall be levied with effect from the date of imposition of

the provisional .mri-dumping duty, i.e. the 2lst December, 2001, and shall be payable in Indian currency,

Explanation. - Fur ^he purposes of this notification, -

(a) "landed value" rr":ans the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all

duties of Customs exctj't 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 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 ^rom 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 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.354/185/2001-TRU]

VIVEK PRASAD, Under Secy.

1'nnltd by the Manager, Uovt. of India Press, Ring Rontl, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Dclhi-110054,