Paracetamol Anti-dumping Duty Extended to 24 June 2019 to Follow Gujarat HC Order

· Central Government Challenges HC Order in Supreme Court SLP

[Notification No. 22 /2019-Customs (ADD) dated 10 June 2019]

Seeks to extend levy of anti-dumping duty till 24.06.2019, on imports of "Paracetamol" originating in or exported from china PR, imposed vide notification No. 39/2018 Customs (ADD), dated the 20th August, 2018,in pursuance order of Hon'ble High Court of Gujarat in the matter of SCA 5278/2019.

Whereas, the Central Government, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), hereinafter referred to as 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 Injury), Rules, 1995, levied anti-dumping duty on imports of Paracetamol (hereinafter referred to as the subject goods) falling under Chapter 29 of the First Schedule to the Customs Tariff Act, originating in or exported from China PR (hereinafter referred to as the subject country), vide notification No. 26/2013-Customs (ADD), dated the 28th October, 2013, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 710(E), dated the 28th October, 2013 for a period of 5 years from the date of publication in the Official Gazette;

Whereas, the designated authority, vide notification No. 7/16/2018-DGAD, dated the 25th April, 2018, published in the Gazette of India, Extraordinary, Part I, Section 1, initiated a review in the matter of continuation of anti-dumping duty and recommended the extension of the anti-dumping duty on the subject goods for a period of 6 months;

And whereas, on the basis of the recommendations of the designated authority, the Central Government had extended the anti-dumping duty on the subject goods, originating in or exported from the subject country up to and inclusive of the 26th April, 2019 vide notification No.39/2018- Customs (ADD), dated the 20th August, 2018, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R 786(E), dated the 20th August, 2018 amending aforesaid notification No. 26/2013-Customs (ADD), dated the 28th October, 2013;

And whereas, the designated authority in its final findings dated 29th January, 2019, published vide notification No. 7/16/2018-DGAD, dated the 29th January, 2019, in the Gazette of India, Extraordinary, Part I, Section 1, regarding the review of anti-dumping duty on the subject goods originating in or exported from the subject country, recommended termination of the anti- dumping duty on the import of subject goods;

And whereas on the basis of these final findings, the Central Government, vide notification No.19/2019-Customs (ADD), dated the 16th April, 2019, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R 309 (E), dated the 16th April, 2019; rescinded the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 39/2018-Customs (ADD), dated the 20th August, 2018 to terminate the levy of anti- dumping duty on the subject goods as per the said final findings of the designated authority;

And whereas the Hon’ble Gujarat High Court in the matter of SCA No. 5278/2019 vide order dated 24.04.2019, directed to extend the aforesaid notification No. 39/2018-Customs (ADD), dated the 20.8.2018 till 24.6.2019, and on being informed that the said notification No. 39/2018-Customs (ADD), dated 20th August, 2018 had already been rescinded vide notification No. 19/2019-Customs (ADD) dated the 16th April, 2019, the Hon’ble High Court suspended notification No. 19/2019- Customs (ADD) dated the 16th April, 2019, till final disposal of the main petition;

And whereas the Hon’ble High Court of Gujarat in the matter of SCA No. 5278/2019 vide order dated 09.05.2019, again directed that the notification No. 39/2018-Customs (ADD), dated the 20.8.2018 be extended for a further period upto 24.06.2019;

Whereas the Central Government has challenged the aforesaid order vide SLP No. 13302-13304/2019 in the Hon’ble Supreme Court.

Now therefore, in exercise of power 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 Injury), Rules, 1995, and in pursuance of the High Court order dated 09.05.2019, without prejudice to the rights and contentions of the parties to be decided in the writ petition before the Hon’ble High Court of Gujarat and the ultimate outcome of the SLP in the Hon’ble Supreme Court, the Central Government hereby makes the following further amendments in the notification of Government of India, in the Ministry of Finance (Department of Revenue), No. 39/2018 Customs (ADD), dated the 20th August, 2018, published in the Gazette of India, Extraordinary, part II, Section 3, Sub-Section (i), vide number G. S. R. 786 (E), dated 20th August, 2018, namely:-

In the said notification, for the figures, letters and word “26th April, 2019”, the figures, letters and word “24th June, 2019” shall be substituted.

[F.No.354/93/2001-TRU (Pt-IV)]