Anti-dumping Duty on Amoxycillin from
China Notified
[Customs
Notification No. 21 (ADD) dated 16th May 2017]
Seeks to
levy definitive anti-dumping duty on import of Amoxycillin
originating in or exported from China PR for a period of five years (unless
revoked, superseded or amended earlier) in pursuance of final findings of the
Directorate General of Anti-Dumping and Allied Duties.
Whereas,
in the matter of ‘Amoxycillin’ also known as ‘Amoxycillin Trihydrate’
(hereinafter referred to as the subject goods) falling under Tariff Item 2941
10 30 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 China PR (hereinafter referred to as subject countries), and
imported into India, the Designated Authority in its final findings published
in the Gazette of India, Extraordinary, Part I, Section 1, vide notification
number 14/05/2015-DGAD dated the 03rd April, 2017, has come to the conclusion
that –
(i) the presence of dumped imports
in the country is suppressing the prices of the domestic industry;
(ii)
imports are undercutting the prices of the domestic
industry and that the price undercutting has led to significant increase in
market share of imports and decline in market share of the Indian industry;
(iii)
material injury to the domestic industry has been
caused by dumped imports;
and
has recommended imposition of definitive anti-dumping duty on imports of the
subject goods, originating in, or exported from the subject countries and
imported into India, in order to remove injury to the domestic industry.
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 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, 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 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 (4), and 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), in the unit of measure as specified in the
corresponding entry in column (9) of the said Table, namely:-
|
Table |
|||||||||
|
SNo. |
Heading/
Sub-Heading |
Description
of goods* |
Country
of Origin |
Country
of Export |
Producer
|
Exporter
|
Duty
Amount |
Unit
of measure |
Currency
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
|
1.
|
2941
10 30 |
Amoxicillin
|
China
PR |
China
PR |
North
China Pharmaceutical Group Semisyntech Co. Ltd. (Semisyntech) |
North
China Pharmaceutical Co. Ltd. (NCPC) |
4.03
|
KG
|
US$
|
|
2.
|
2941
10 30 |
Amoxicillin
|
China
PR |
China
PR |
Inner
Mongolia Changsheng Pharmaceutical Co. Ltd. (Changsheng) |
Inner
Mongolia Changsheng Pharmaceutical
Co. Ltd. (Changsheng) |
3.00
|
KG
|
US$
|
|
3.
|
2941
10 30 |
Amoxicillin
|
China
PR |
China
PR |
Zhuhai
United Laboratories Co Ltd United
Laboratories Inner Mangolia |
Zhuhai
United Laboratories Co. Ltd United
Laboratories Trading Co Team
Crown Trading Company United
Laboratories
Inner Mangolia |
2.83
|
KG
|
US$
|
|
4.
|
2941
10 30 |
Amoxicillin
|
China
PR |
China
PR |
Any
combination other than S. No. 1 to 3 |
8.71
|
KG
|
US$
|
|
|
5.
|
2941
10 30 |
Amoxicillin
|
China
PR |
Any
country other than China PR |
Any
|
Any
|
8.71
|
KG
|
US$
|
|
6.
|
2941
10 30 |
Amoxicillin
|
Any
country other than China PR |
China
PR |
Any
|
Any
|
8.71
|
KG
|
US$
|
*The
following types of products are excluded from the scope of the subject goods:
(i) Amoxycillin
Sodium Sterile and Flucloxacillin Sodium Sterile;
(ii)
Amoxicillin Trihydrate Compacted Ampicillin Trihydrate Compacted;
(iii)
Amoxicillin Trihydrate and Clavulanate
Potassium.
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 purpose
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. 354/78/2017-TRU]