Five More Years for Anti-dumping Duty on China Trimethoprim

Ntfn 05         Whereas, the designated authority
08.01.2008   vide notification No. 15/26/2006
                     DGAD, dated the 29th December, 2006, published in Part I, section 1 of the Gazette of India, Extraordinary, dated the 29th December, 2006, had initiated review, in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred as said 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 Trimethoprim (TMP), originating in, or exported from, the People’s Republic of China, imposed vide notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No. 89/2002-Customs, dated the 3rd September 2002, published in the Gazette of India vide number G.S.R.615 (E), dated the 3rd September 2002;

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 8th January, 2008 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 4/2007 -Customs dated 8th January, 2007, published in the Gazette of India vide number G.S.R. 13(E), dated the 8th January, 2007;

And whereas, in the matter of review of anti-dumping on import of the subject goods, originating in, or exported from, the subject country, the designated authority vide its final findings No. 15/26/2006-DGAD dated the 14th December, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14th December, 2007, has come to the conclusion that-

a)  the subject goods are continuing to enter the Indian market from the People’s Republic of China at dumped prices;

b)  the domestic industry is suffering material injury due to dumped imports;

c)  dumping of the subject goods from subject country and injury to the domestic industry is likely to continue if the duties are withdrawn; and

has recommended continued imposition of definitive anti-dumping duty against the subject goods, originating in, or exported from, the subject country 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 said Act read with rules 18 and 23 of the said Rules, the Central Government, after considering the aforesaid 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 said 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 country as specified in the corresponding entry in column (5), and exported from the country as specified in the corresponding entry in column (6), and produced by the producer as specified in the corresponding entry in column (7), and exported by the exporter as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty which shall be equal to difference between the amount mentioned 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 and the landed value of imported goods in like currency as per like unit of measurement.

Table

SNo.

Tariff item

Description of goods

Specifica-tion

Country of origin

Country of export

Producer

Exporter

Amount

Unit of measure-ment

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1

2933 59 20

Trimethoprim

Any Grade

People’s Republic of China

People’s Republic of China

Any

Any

826

KG

Indian Rupee

2

2933 59 20

Trimethoprim

Any Grade

Any other than People’s Republic of China

People’s Republic of China

Any

Any

826

KG

Indian Rupee

3

2933 59 20

Trimethoprim

Any Grade

People’s Republic of China

Any

Any

Any

826

KG

Indian Rupee

2.    The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) form the date of publication of this notification in the Gazette of India.

Explanation. - For the purposes of this notification, “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Act;

[F.No.354/187/2001-TRU (Pt-I)]