TO
BE PUBLISHED IN PART II, SECTION 3, SUB-SECTION (i) OF THE GAZETTE OF INDIA,
EXTRAORDINARY]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification
No. 44/2014-Customs (ADD)
New Delhi, the 21st November,
2014
G.S.R. (E). – Whereas, the designated
authority, vide notification No.
15/3/2013-
DGAD,
dated the 9th April, 2013, published in the Gazette of India, Extraordinary,
Part I, Section 1, had initiated a review in the matter of continuation of
anti-dumping duty on imports 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) (hereinafter referred to as the Customs
Tariff Act), originating in or exported from the People’s Republic of China
(hereinafter referred to as the subject country), imposed vide
notification of the Government of India, in the Ministry of Finance (Department
of Revenue) No. 91/2008-Customs, dated the 30th July, 2008, published in the
Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide
number G.S.R. 565(E), dated the 30th July, 2008;
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 9th April, 2014 vide notification
of the Government of India, in the Ministry of Finance (Department of Revenue)
No. 31/2013-Customs (ADD), dated the 13th November, 2013, published in Part
II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary vide
number G.S.R 736(E), dated the 13th November, 2013;
And whereas, in the matter of review of anti-dumping
duty on import of the subject goods, originating in or exported from the
subject country, the designated authority in its final findings, published vide
notification No. 15/3/2013-DGAD, dated the 2nd October, 2014, in Part I,
Section 1 of the Gazette of India, Extraordinary, has come to the conclusion
that-
(i)
there
is continued dumping of the subject goods from the subject country;
(ii)
dumping of the product under
consideration is likely to intensify from the subject country should the
current anti-dumping duty be withdrawn;
(iii)
the
dumping and injury is likely to continue if the anti dumping duty is revoked,and has recommended imposition of the anti-dumping
duty on 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, read with rules 18 and 23 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,
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 heading 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
|
Sl. No |
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 |
2715 |
MT |
US Dollar |
|
2 |
2942 |
Diclofenac Sodium |
Any country other than People’s Republic of China |
People’s Republic of China |
Any |
Any |
2715 |
MT |
US Dollar |
2. The anti-dumping
duty imposed under this notification shall be effective for a period of five
years (unless revoked, superseded or amended earlier) from the date of
publication of this notification in the Official Gazette and 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. 354/21/2008-TRU (Pt.-I)]
(Akshay Joshi) Under Secretary to the Government of
India
