Another Five Years of
Anti-dumping Duty on Diclofenac Sodium from China in
Review
[Customs
Notification No. 44 (ADD) dated 21st November 2014]
Whereas,
the designated authority, vide notification No. 15/3/2013-DGAD, dated the 9th
April, 2013, 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 Diclofenac Sodium (hereinafter referred to
as the subject goods) falling under 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 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.
91/2008-Customs, dated the 30th July, 2008, published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 565(E), dated
the 30th July, 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 9th April, 2014 vide notification
of the Government of India, in the Ministry of Finance (Department of Revenue) No.
31/2013-Customs (ADD), dated the 13th November, 2013, published in Part II,
Section 3, Sub-section (i) of the Gazette of India, Extraordinary vide number
G.S.R 736(E), dated the 13th November, 2013;
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.
15/3/2013-DGAD, dated the 2nd October, 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 subject goods from the
subject country;
(ii) dumping of the product under consideration is likely to
intensify from the subject country should the current anti-dumping duty be
withdrawn;
(iii) the dumping and injury is likely to continue if the anti dumping duty is revoked,
and
has recommended imposition of the anti-dumping duty on 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 heading 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 |
|||||||||
|
SNo |
Heading |
Description
of goods |
Country
of origin |
Country
of export |
Producer |
Exporter |
Duty
amount |
Unit |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
1. |
2942 |
Diclofenac
Sodium |
People’s
Republic of China |
Any |
Any |
Any |
2715 |
MT |
US
Dollar |
|
2. |
2942 |
Diclofenac
Sodium |
Any
country other than People’s Republic of China |
People’s
Republic of China |
Any |
Any |
2715 |
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 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. 354/21/2008-TRU (Pt.-I)]