Anti-dumping Duty on Diclofenac Sodium (Indolinone) Scope Widened to
Control Circumvention
[Customs
Notification No. 09 (ADD) dated 24th March 2017]
Whereas,
in the matter of review of anti-dumping duty on import of Diclofenac Sodium,
falling under the heading 2942 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 People’s Republic of China (hereinafter
referred to as the subject country), the designated authority, vide its
final findings in notification No.15/3/2013-DGAD, dated the 2nd October, 2014,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
7th October, 2014, had recommended imposition of the anti-dumping duty on
Diclofenac Sodium, originating in or exported from the subject country.
And
whereas, on the basis of the aforesaid findings of the designated authority,
the Central Government had imposed an anti-dumping duty on Diclofenac Sodium
originating in or exported from the subject country, vide, notification
of the Government of India in the Ministry of Finance (Department of Revenue),
No.44/2014-Customs (ADD), dated the 21st November, 2014, published vide number
G.S.R. 834(E) in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-Section (i), dated the 21st November, 2014;
And
whereas, the designated authority, vide notification No.14/22/2014-DGAD,
dated the 17th February, 2016, in the matter of circumvention of the
anti-dumping duty imposed on imports of Diclofenac Sodium, had initiated an
investigation to determine the need for extending anti-dumping duty imposed on
the imports of Diclofenac Sodium originating in or exported from the subject
country, vide, notification of the Government of India in the Ministry
of Finance (Department of Revenue), No.44/2014-Customs (ADD), dated the 21st
November, 2014, to the imports of Indolinone (hereinafter referred to as the subject
goods) falling under Chapter 29 of the First Schedule to the Customs Tariff
Act, originating in or exported from the subject country.
And
whereas, the designated authority in its final findings, published vide notification
No.14/22/2014-DGAD, dated the 15th February, 2017, in the Gazette of India,
Extraordinary, Part I, Section 1, has come to the conclusion that-
(i)
imports of circumventing product (Indolinone) increased significantly and those
of circumvented product (Diclofenac Sodium) declined after imposition of the
anti-dumping measure on Diclofenac Sodium.
(ii)
the value addition in converting Indolinone to Diclofenac Sodium is less than
the prescribed threshold.
(iii)
indolinone has been exported at dumped prices during the Period of Investigation.
and
has recommended imposition of existing anti-dumping duty imposed on the imports
of Diclofenac Sodium originating in or exported from the subject country, vide,
notification of the Government of India in the Ministry of Finance (Department
of Revenue), No.44/2014-Customs (ADD), dated the 21st November, 2014, on the
subject goods, originating in or exported from the subject country;
Now,
therefore, in exercise of the powers conferred by sub-sections (1), (1A) and
(5) of section 9A of the Customs Tariff Act, read with rule 27 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, falling under the tariff items 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 (4), exported from the countries as specified in
the corresponding entry in column (5), produced by the producers as specified
in the corresponding entry in column (6), exported by the exporters as
specified in the corresponding entry in column (7), and imported into India, an
anti-dumping duty at the rate equal to the amount as specified in the
corresponding entry in column (8) in the currency as specified in the corresponding
entry in column (10) and as per unit of measurement as specified in the
corresponding entry in column (9) of the said Table, namely:-
|
Table |
|||||||||
|
S.
No |
Tariff
Item |
Description
of goods |
Country
of origin |
Country
of export |
Producer
|
Exporter
|
Amount
|
Unit
of measurement |
Currency
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
|
1.
|
2908
19 00, 2914 29 90, 2914 70 90, 2921 44 90, 2922 49 90, 2933 39 90, 2933 79
00, 2933 99 00, 2942 00 90 |
Indolinone
|
People’s
Republic of China |
Any
|
Any
|
Any
|
2715
|
Metric
Tonne |
US
Dollar |
|
2.
|
2908
19 00, 2914 29 90, 2914 70 90, 2921 44 90, 2922 49 90, 2933 39 90, 2933 79
00, 2933 99 00, 2942 00 90 |
Indolinone
|
Any
country other than People’s Republic of China |
People’s
Republic of China |
Any
|
Any
|
2715
|
Metric
Tonne |
US
Dollar |
2. This
notification shall remain in force upto and inclusive of the 20th November,
2019, unless revoked earlier, and the anti-dumping duty 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.354/21/2008-TRU
(Pt.-II)]