Diclofenac Sodium from China – Final Findings

Ntfn 91         Whereas in the matter of
30.07.2008   import 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), originating in, or exported from, the People’s Republic of China (hereinafter referred to as the subject country) and imported into India, the designated authority in its preliminary findings vide notification No.14/4/2007-DGAD dated the 28th January, 2008 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28th January, 2008 had come to the conclusion that–

(a)  the subject goods had been exported to India from the subject country below its normal value;

(b)  the domestic industry had suffered material injury; and

(c)  the injury had been caused by the dumped imports from the subject country;

and had recommended imposition of provisional anti-dumping duty on the imports of the subject goods, originating in or exported from, the subject country;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 46/2008-Customs, dated the 10th April, 2008, published in the Gazette of India vide number G.S.R. 276(E), dated the 10th April, 2008;

And whereas, the designated authority in its final findings vide notification No. 14/4/2007 -DGAD, dated the 29th May, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29th May, 2008, has interalia, come to the conclusion that-

(a)  the subject goods exported from the subject country are at prices below their normal values;

(b)  the domestic industry has suffered material injury; and

(c)  the injury has been caused by the dumped imports from the subject country;

and has recommended the imposition of definitive anti-dumping duty on imports of 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, 1975 (51 of 1975), read with rules 18 and 20 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, on the basis of the aforesaid final findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country specified in the corresponding entry in column (4), and exported from the country specified in the corresponding entry in column (5) and produced by the producer specified in the corresponding entry in column (6) and exported by the exporter specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount indicated in the corresponding entry in column (8), in the currency as specified in the corresponding entry in column (10) and per unit of measurement as specified in the corresponding entry in column (9) of the said Table.

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

144

Per Kilogram

Rupees

2

2942

Diclofenac Sodium

Any country other than People’s Republic of China

People’s Republic of China

Any

Any

144

Per Kilogram

Rupees

2.    The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, that is, the 10th April, 2008, and shall be payable in Indian currency.

[F.No.354/21/2008 –TRU]