Ceftriaxone Sodium Sterile from China - Another Five
Years of Anti-dumping Duty in Review but Amount Slashed to $21.85 per kg from
77.35 per kg
[Customs Notification No. 39 (ADD)
dated 14th August 2014]
Whereas, the designated authority, vide notification
No. 15/12/2012-DGAD dated 22nd November, 2012, published in the Gazette of
India, Extraordinary, Part I, Section 1, had initiated a review in the matter
of continuation of anti-dumping duty on imports of Ceftriaxone Sodium Sterile,
also known as Ceftriaxone Disodium Hemiheptahydrate-Sterile (hereinafter
referred to as subject goods) falling under heading 2941 or 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 the 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. 98/2008-Customs dated 27th August, 2008, published
in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide
number G.S.R. 614(E), dated the 27th August, 2008;
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 28th November, 2013 vide
notification of the Government of India, in the Ministry of Finance
(Department of Revenue), No. 50/2012-Customs dated (ADD) dated 29th November,
2012, published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary vide number G.S.R 855(E), dated the 29th November, 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 in its final findings, published vide notification
No. 15/12/2012-DGAD dated 20th May, 2014, in Part I, Section 1 of the Gazette
of India, Extraordinary, has come to the conclusion that-
(i) there is continued dumping of the product concerned
from the subject country, causing injury to the domestic industry;
(ii) dumping of the product under consideration is
likely to intensify from the subject country should the current anti-dumping
duty be withdrawn,
and has recommended imposition of the anti-dumping duty
on the subject goods, originating in or exported from 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,
specification of which is specified in column (4), 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 (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, namely:-
|
Table |
||||||||||
|
SNo. |
Tariff Item |
Description of goods |
Specifi-cations |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1 |
2941 90 90 or 2942 00 90 |
Ceftriaoxane Sodium Sterile or, Ceftriaxone Disodium Hemiheptahyd
rate-Sterile |
Any |
People’s Republic of China |
People’s Republic of China |
Any |
Any |
21.85 |
Kg |
US Dollar |
|
2 |
2941 90 90 or 2942 00 90 |
-do- |
Any |
People’s Republic of China |
Any country other than People’s Republic of China |
Any |
Any |
21.85 |
Kg |
US Dollar |
|
3 |
2941 90 90 or 2942 00 90 |
-do- |
Any |
Any country other than People’s Republic of China |
People’s Republic of China |
Any |
Any |
21.85 |
Kg |
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 and 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. 354/166/2007-TRU (Pt.-I)]