Metronidazole from China – Anti-dumping Duty Extended upto 28 August 2018 in Review

[Ref: Notification No. 41/2017-Customs (ADD) dated 29 August 2017]

Whereas, the Designated Authority vide initiation notification No.7/6/2017- DGAD dated the 29th August, 2017, published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 29th August, 2017, has initiated review in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act) and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said rules), in the matter of continuation of anti-dumping duty on imports of “Metronidazole”, originating in, or exported from China PR imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.40/2012, Customs (ADD), dated the 30th August, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub- section (i) vide number G.S.R. 657(E), dated the 30th August, 2012;

And whereas the Hon’ble High Court of Delhi in the Writ Petition (C) 7464/2017 vide Order dated 29th August, 2017 has directed that the notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.40/2012, Customs (ADD), dated the 30th August, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 657(E), dated the 30th August, 2012 shall continue till the conclusion of the said sunset review investigations by the Designated Authority but not exceeding the one year period stipulated in the second proviso to subsection (5) of section 9A of the said Customs Tariff Act.

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said Customs Tariff Act and in pursuance of rule 23 of the said rules, the Central Government hereby makes the following amendment in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 40/2012, Customs (ADD), dated the 30th August, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 657(E), dated the 30th August, 2012, namely:-

In the said notification, after paragraph 2 and before the Explanation, the following paragraph shall be inserted, namely: -

“3. Notwithstanding anything contained in paragraph 2, this notification, unless revoked earlier, shall remain in force till the conclusion of the sunset review investigations initiated by the Designated Authority vide initiation notification No.7/6/2017-DGAD dated the 29th August, 2017, published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 29th August, 2017, or upto and inclusive of the 28th day of August, 2018, whichever is earlier.”.

[F. No. 354/17/2000-TRU (Pt. III)]