O-Ester also included in the
Anti-dumping Notification after findings of Circumvention of O-Acid Duties
through O-Ester Route
[Notification
No. 55/2018-Customs (ADD) dated 15 November 2018]
Whereas,
in the matter of review of anti-dumping duty on import of O-Acid, falling under
Chapter 29 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 China PR (hereinafter referred to as the subject country) and imported
into India, the designated authority vide
its final findings notification No.14/31/2016-DGAD, dated the 19th
December, 2017, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 19th December, 2017, had recommended imposition of the
anti-dumping duty on O-Acid originating in or exported from subject country.
And
whereas, on the basis of the aforesaid findings of the designated authority,
the Central Government had imposed an anti-dumping duty on subject goods
originating in or exported from the subject country, vide, notification of the Government of India in the Ministry of
Finance (Department of Revenue), No.6/2018-Customs (ADD), dated the 12th March,
2018, published vide number G.S.R. 220(E) in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-Section (i), dated the 12th
March, 2018;
And
whereas, the designated authority, vide notification
No.7/14/2018-DGAD, dated the 4th May, 2018, in the matter of circumvention of
the anti-dumping duty imposed on imports of O- Acid, had initiated an
investigation to determine the need for extending anti-dumping duty imposed on
the imports of O-Acid originating in or exported from the subject country, vide, notification of the Government of
India in the Ministry of Finance (Department of Revenue), No.6/2018-Customs
(ADD), dated the 12th March, 2018, to the imports of “Ofloxacin
Ester (O-Ester)” (hereinafter referred to as the subject goods) falling under
tariff item 2934 99 00 of the First Schedule to the Customs Tariff Act,
originating in or exported from the subject country.
And
whereas, the designated authority in its final findings, published vide notification No.7/14/2018-DGAD,
dated the 24th October, 2018, in the Gazette of India, Extraordinary, Part I,
Section 1, has come to the conclusion that-
(i) the anti-dumping duty imposed on imports of O-
Acid, originating and exported from China PR vide Customs Notification No. 6/2018-Customs (ADD) dated 12th
March, 2018 was circumvented through exports of O-Ester from China PR in
accordance with rule 25 (3) of the Customs Tariff (Identification, Assessment
and Collection of Anti- dumping Duty on Dumped Articles and for Determination
of Injury) Rules, 1995 (AD Rules). The imports of O-Ester in India constitute
circumvention of ADD earlier imposed on imports of O-Acid;
(ii) O-
Ester has been exported at dumped prices during the Period of Investigation;
(iii) O-Ester
exports from China has undermined the existing Anti-dumping measure on imports
of O-Acid origination in or exported from China PR vide notification No. 6/20018-Customs (ADD) dated 12th March, 2018,
and
has recommended extension of existing anti-dumping duty on “O-Acid” originating
in or exported from the China PR and imposed vide, notification
No.6/2018-Customs (ADD), dated the 12th March, 2018 to the imports originating
and exported from the China PR of subject goods;
Now,
therefore, in exercise of the powers conferred by sub-sections (1), (1A) and
(5) of section 9A of the Customs Tariff Act, read with rule 27 of the AD Rules,
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 the tariff
items 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 |
|||||||||
|
S. No. |
Sub
Heading or Tariff Item |
Description
of goods |
Country
of Origin |
Country
of export |
Producer |
Exporter |
Duty
Amount |
Unit of
Measure |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
1. |
29349900 |
“Ofloxacin Ester” or “9, 10–Difluoro
–3– Methyl–7– Oxo-2, 3– Dihydro–7H– Pyrido (1,2,3-De) 1, 4- Benzoxazine–6-
Carboxylic Ester |
China
PR |
China
PR |
Jiangxi
Chibang Pharmaceutical Co., Ltd |
Jiangxi
Chibang Pharmaceutical Co., Ltd |
4.91 |
Kg. |
US$ |
|
2. |
29349900 |
“Ofloxacin Ester” or “9, 10–Difluoro
– 3– Methyl–7– Oxo-2, 3– Dihydro–7H– Pyrido (1,2,3-De) 1, 4- Benzoxazine–6-
Carboxylic Ester |
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. |
29349900 |
“Ofloxacin Ester” or “9, 10–Difluoro
– 3– Methyl–7– Oxo-2, 3– Dihydro–7H– Pyrido (1,2,3-De) 1, 4- Benzoxazine–6-
Carboxylic Ester |
China
PR |
China
PR |
i. Jiangxi
Dadi Pharmaceu tical Limited Liability Compay
and /or ii. Yanchen g XinAnzhou
Pharmaceutical 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. |
29349900 |
“Ofloxacin Ester” or “9, 10–Difluoro
– 3– Methyl–7– Oxo-2, 3– Dihydro–7H– Pyrido (1,2,3-De) 1, 4- Benzoxazine–6-
Carboxylic Ester |
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 Internation al
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. |
29349900 |
“Ofloxacin Ester” or “9, 10–Difluoro
– 3– Methyl–7– Oxo-2, 3– Dihydro–7H– Pyrido (1,2,3- De) 1, 4- Benzoxazine–6-
Carboxylic Ester |
China
PR |
China
PR |
Any
combination other than mentioned in Sl No1 to 4
above |
8.55 |
Kg. |
US$ |
|
|
6. |
29349900 |
“Ofloxacin Ester” or “9, 10–Difluoro
– 3– Methyl–7– Oxo-2, 3– Dihydro–7H– Pyrido (1,2,3- De) 1, 4- Benzoxazine–6-
Carboxylic Ester |
China
PR |
Any
country other than China PR |
Any |
Any |
8.55 |
Kg. |
US$ |
|
7. |
29349900 |
“Ofloxacin Ester” or “9, 10–Difluoro
– 3– Methyl–7– Oxo-2, 3– Dihydro–7H– Pyrido (1,2,3- De) 1, 4- Benzoxazine–6-
Carboxylic Ester |
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 co-terminus with
the anti-dumping duty on O-Acid as levied vide
notification No. 6/2018-Customs (ADD) dated the 12th March, 2018. The
anti-dumping duty 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.354/407/2018-TRU]