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Anti-Dumping Duty: Analgin export originating from People�s Republic of
China and Taiwan
WHEREAS in the matter of import of Analgin,
falling under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975
(51 of 1975), originating in, or exported from the People�s Republic of China
and Taiwan, the designated authority vide its preliminary findings,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th
March, 2001 had come to the conclusion that -
(a) Analgin originating in,
or exported from, the People�s Republic of China and Taiwan, have been
exported to India below its normal value, resulting in dumping;
(b)
the domestic industry has suffered material injury;
(c)
the injury has been caused cumulatively by the imports from the subject
countries;
AND WHEREAS on the basis of the aforesaid findings
of the designated authority, the Central Government had imposed an anti-dumping
duty vide notification of the Government of India in the Ministry of Finance
(Department of Revenue), No. 38/2001-Customs, dated the 9th April,
2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, dated the 9th April, 2001 vide No. G.S.R. 251(E),
dated the 9th April, 2001;
AND WHEREAS the designated authority vide its final
findings published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 12th September, 2001 has come to the conclusion that -
(a) Analgin and most
commonly used synonyms of Analgin like Dipyrone, Metamizole, Methampyrone,
originating in or exported from China PR & Taiwan has been exported to India
below normal value resulting in dumping;
(b)
The domestic industry has suffered material injury;
(c)
The injury has been caused cumulatively by the imports from the subject
countries;
Now, therefore, in exercise of powers conferred by
sub-section (1) of section 9A of the said Customs Tariff Act read with rules 18
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 final findings of
the designated authority, hereby imposes on Analgin and most commonly used
synonyms of Analgin like Dipyrone, Metamizole, Methampyrone, as described under
entry number 3369 of MERCK INDEX, falling under Chapter 29 of the First Schedule
to the said Customs Tariff Act, originating in, or exported from the countries
specified in column (1) of the Table annexed hereto, and imported into India, by
the exporters specified in the corresponding entry in column (2) of the said
Table, an anti-dumping duty at the rate specified in the corresponding entry in
column (3) of the said Table.
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Name
of the Country
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Name
of the Exporter
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Amount
(US $ /Kg)
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(1)
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(2)
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(3)
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People�s Republic of China
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All Exporters
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2.592
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Taiwan
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All Exporters
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2.860
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2. The anti-dumping
duty imposed under this notification shall be levied with effect from the date
of imposition of the provisional anti-dumping duty, i.e. the 9th April2001 and be paid in Indian currency.
Explanation: For the purposes of this notification, the 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 under sub-clause (i) of clause (a) of sub-section (3) of
section 14 of the said Customs Act, 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.
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