|
Anti Dumping Duty: Metronidazole export originating from People�s
Republic of China
WHEREAS in the matter of import
of Metronidazole, falling under sub-heading No. 2933.29 of the First Schedule to
the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the
People�s Republic of China, the designated authority vide its preliminary
findings, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 21st February, 2000 had come to the conclusion that -
(a) Metronidazole, originating in, or
exported from, the People�s Republic of China, has been exported to India
below normal value, resulting, in dumping;
(b)
the Indian industry has suffered material injury;
(c)
the injury has been caused by the dumped imports from the subject
country;
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. 44/ 2000 -Customs, dated the
17th April 2000, published in Part II, Section 3, Sub-section (i) of the Gazette
of India, Extraordinary, dated the 17th April, 2000 vide G.S.R. No. 39(E), dated
the 17th April, 2000;
AND WHEREAS the Designated
Authority vide its final findings published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 14th July, 2000 has come to the
conclusion that -
(a) Metronidazole, originating in, or
exported from, People�s Republic of China, has been exported to India at a
price below the normal value, thereby resulting in dumping;
(b)
the domestic industry has suffered material injury;
(c) the injury has been caused to
domestic industry by dumping of the subject goods originating in, or exported
from, the People�s Republic of China;
Now, therefore, in exercise of
the powers conferred by sub-section (1) of section 9A of the said Customs Tariff
Act, read with sub-section (5) of the said section 9A and 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 Metronidazole, falling under sub-heading No.
2933.29 of the First Schedule to the said Customs Tariff Act, originating in, or
exported from, the People�s Republic of China, and imported into India, an
anti-dumping duty at the rate which is to be calculated as the difference
between the US dollar 12.27 per Kilogramme and the landed value of such imported
Metronidazole per Kilogramme.
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 17th April 2000, and be paid in Indian
currency.
Explanation: For the purposes of this notification, -
(a) �Landed value� means the assessable value as determined
under the Customs Act, 1962 (52 of 1962) and includes all duties of Customs
except duties levied under section 3, 3A, 8B and 9A of the said Customs Tariff
Act.
(b) �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.
|