Marginal Hike for
Anti-dumping Duty on O-Acid from China – Final Findings
[Customs
Notification No. 06 (ADD) dated 12th March 2018]
Whereas,
in the matter of import of ‘O-Acid’ (hereinafter referred to as the subject goods),
falling under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975
(51 of 1975) (hereinafter referred to as the said Customs Tariff Act),
originating in, or exported from China PR (hereinafter referred to as the
subject country) and imported into India, the designated authority vide its
preliminary findings published in the Gazette of India, Extraordinary, Part I,
Section 1, vide notification No. 14/31/2016-DGAD, dated the 23rd
May, 2017, had recommended imposition of provisional anti-dumping duty on the
imports of subject goods, originating in or exported from subjects country;
And
whereas, on the basis of 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. 35/2017-Customs (ADD) dated the 13th
July, 2017 published in the Gazette of India, Extraordinary, Part II, Section
3, Sub-section (i) vide number G. S. R. 879
(E) dated the 13th July, 2017;
And
whereas, the designated authority in its final findings vide notification
No. 14/31/2016-DGAD dated 19th December, 2017, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 19th
December, 2017, has come to conclusion that-
(i) the product under consideration
has been exported to India from the subject country below its normal value,
resulting in dumping;
(ii)
the Domestic Industry has suffered material injury due
to dumping of the product under consideration from the subject country;
(iii)
the material injury has been caused by the dumped
imports from the subject country.
and has recommended
imposition of definitive anti-dumping duty equal to the lesser of the margin of
dumping and the margin of injury, so as to remove the injury to the domestic
industry;
Now, therefore, in exercise
of the powers conferred by sub-section (2) of section 9A of the said Customs
Tariff Act, read with rules 13 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
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 items of the First Schedule to the said 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), and 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, a definitive 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 per unit of
measurement as specified in the corresponding entry in column (9) of the said
Table:-
|
Table |
|||||||||
|
SNo. |
Tariff Item |
Description of goods |
County of Origin |
County of export |
Producer |
Exporter |
Duty Amount |
Unit of Measure |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
1 |
29419030 29152990
29163990 29183090 29189900 29349900 29411090 29419090 |
O-acid or Ofloxacin Acid |
China PR |
China PR |
Jiangxi Chibang Pharmaceutical Co., Ltd |
Jiangxi Chibang Pharmaceutical Co., Ltd |
4.91 |
Kg. |
US$ |
|
2 |
-do- |
O-acid or Ofloxacin Acid |
China PR |
China PR |
Jiangxi Chibang Pharmaceutical Co., Ltd |
(i)
Zhejiang Chemicals Import & Export Co., Ltd. (ii) Zhejiang Hengdian Apeloa Imp. & Exp.
Co. Ltd |
7.50 |
Kg. |
US$ |
|
3 |
-do- |
O-acid or Ofloxacin Acid |
China PR |
China PR |
(i)Jiangxi
Dadi Pharmaceu tical Limited Liability Compay
and /or (ii)Yanchen
g XinAnzho u Pharmaceu tical Co. Ltd. |
(i)Zhejiang
Chemicals Import & Export Co., Ltd. (ii) Zhejiang Hengdian Apeloa Imp. & Exp.
Co. Ltd. (iii)Zhejiang Ueasy Business Service Co. Ltd. (iv) Zhejiang Xingyang Import & Export Co. Ltd. |
4.90 |
Kg. |
US$ |
|
4 |
-do- |
O-acid or Ofloxacin Acid |
China PR |
China PR |
(i)Zhejiang
Yuanhong Medical & Chemical Technology Co., Ltd
and/or (ii) Inner Mongolia Yuanhong Fine Chemical Co. Ltd |
(i)
Zhejiang Medicines & Health Products Co. Ltd (ii)China Sinopharm International Corporation (iii)Zhejiang
Chemicals Import & Export Co., Ltd. (iv)Zhejiang Xingyang
Import & Export Co., Ltd. (v) Shanghai Changyu Chemical Technology Co., Ltd |
4.16 |
Kg. |
US$ |
|
5 |
-do- |
O-acid or Ofloxacin Acid |
China PR |
China PR |
Any combination other
than mentioned in Sl No1 to 4 above |
8.55 |
Kg. |
US$ |
|
|
6 |
-do- |
O-acid or Ofloxacin Acid |
China PR |
Any country other than
China PR |
Any |
Any |
8.55 |
Kg. |
US$ |
|
7 |
-do- |
O-acid or Ofloxacin Acid |
Any country other than
China PR |
China PR |
Any |
Any |
8.55 |
Kg. |
US$ |
2. The anti-dumping duty
imposed under this notification shall be effective for a period of 3 years (unless
revoked, amended or superseded earlier) from the date of imposition of the
provisional anti-dumping duty, that is, the 13th July, 2017 and shall be
payable in Indian currency.
Provided that the said
anti-dumping duty shall not be levied for the period commencing from the date
of the lapse of the provisional anti-dumping duty, that is the 13th January,
2018 upto the preceding day of the publication of
this notification in the Official Gazette.
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.354/111/2017 –TRU]