Another Five Years for Anti-dumping Duty
on Paracetamol from China in Review
[Ref: Notification No. 26 /2013-Customs (ADD)
dated 28 October 2013]
Whereas, the
designated authority, vide notification No. 14/1009/2012-DGAD, dated the
28th August, 2012, published in Part I, Section I of the Gazette of
India, Extraordinary had initiated a review in the matter of continuation of
anti-dumping duty on imports of paracetamol
(hereinafter referred to as the subject goods) falling under tariff item
2922 29 33 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), imposed vide notification of the Government of India, in the
Ministry of Finance (Department of Revenue), No. 99/2007 dated the 3rd
September, 2007 published in Part II, Section 3, Sub-section (i) of the Gazette
of India, Extraordinary, vide G.S.R. No. 571 (E), dated the 3rd
September, 2007.
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 2nd September, 2013 vide notification of
the Government of India, in the Ministry of Finance (Department of Revenue),
No. 42/2012 –Customs (ADD) dated the 19th September, 2012, published
in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary,
vide G.S.R No. 704(E), dated the 19th September, 2012.
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 vide
its final findings, No. 14/1009/2012-DGAD dated the 26th August,
2013, published in Part I, Section 1, of the Gazette of India, Extraordinary,
has come to the conclusion that,-
(i) there
has been continued dumping of the subject goods from China PR and the dumping
is likely to continue and increase if the anti-dumping duty is allowed to
cease;
(ii) despite the anti-dumping
measures in force, the subject goods are entering the Indian market at dumped
prices and both the dumping margin as well as the injury margin has remained
significant, resulting in continued injury to domestic industry;
(iii) the
volume
of dumped import is likely to increase causing
further injury to the domestic industry in the event of revocation of
anti-dumping duty;
(iv) should
the present anti-dumping duties be revoked, dumping of the subject goods may in
all likelihood intensify, causing further injury to the domestic industry,
and has recommended continued imposition of the anti-dumping duty against
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, falling under tariff item
of the First Schedule to the Customs Tariff Act as specified in the
corresponding entry in column (2), the specification of which is specified in
column (4) of the said Table, originating in the countries as specified in the
corresponding entry in column (5), and exported from the countries as specified
in the corresponding entry in column (6), and produced by the producers as
specified in the corresponding entry in column (7), and exported by the
exporters as specified in the corresponding entry in column (8), and 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.
|
Table |
||||||||||
|
Sl. No |
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 |
2922 29 33 |
Paracetamol |
All grades |
People’s Republic of China |
People’s Republic of China |
Any |
Any |
787 |
MT |
US Dollar |
|
2 |
2922 29 33 |
Paracetamol |
All grades |
People’s Republic of China |
Any country other than People’s Republic of China |
Any |
Any |
787 |
MT |
US Dollar |
|
3 |
2922 29 33 |
Paracetamol |
All grades |
Any country other than People’s Republic of China |
People’s Republic of China |
Any |
Any |
787 |
MT |
US Dollar |
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.
3. The anti-dumping duty imposed
under this notification 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.354/93 /2001-TRU
(Pt.III)]