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-
- there is continued dumping of the subject goods from the subject country;
- dumping of the product under consideration is likely to intensify from the
subject country should the current anti-dumping duty be withdrawn;
- 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
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