G.S.R. (E): - Whereas in the matter of import of Paracetamol falling under sub-heading No. 2922 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 16th April, 2001, had come to the conclusion that -
(a) Paracetamol originating in, or exported from, the People�s Republic of China and Taiwan, has been exported to India below normal value, resulting in dumping;
(b) the domestic industry has suffered injury;
(c) the injury has been caused 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.89/2001�Customs, dated the 6th September, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 6th September, 2001,vide No. G.S.R.647 (E) dated the 6th September, 2001;
And whereas the designated authority vide its final findings dated the 22nd January, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 22nd January, 2002, had come to the conclusion that
(a) Paracetamol, originating in or exported from China PR and Taiwan has been exported to India below normal value resulting in dumping;
(b) the domestic industry has suffered material injury;
(c) injury has been caused by imports from the subject countries;
And whereas on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed anti-dumping duty vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.29/2002-Customs, dated the 27th March, 2002, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27th March 2002, vide No.G.S.R. 226 (E) dated the 27th March 2002;
And whereas the designated authority vide its amendment notification No.60/1/2000-DGAD, dated the 17th May, 2005, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18th May, 2005 has come to the conclusion that �
(a) Paracetamol, originating in or exported from People�s Republic of China has been exported to India below normal value resulting in dumping;
(b) the domestic industry has suffered material injury;
(c) injury has been caused by the imports from People�s Republic of China,
and has recommended the continued imposition of definitive anti-dumping duty on all imports of Paracetamol from China PR;
Now, therefore, in exercise of the powers conferred by sub sections (1) and (5) 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 and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.29/2002-Customs, dated the 27th March, 2002, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27th March, 2002 , vide No. G.S.R. 226 (E), dated the 27th March, 2002,except as respects things done or omitted to be done before such supersession, the Central Government, on the basis of finding of the designated authority in the aforesaid amendment notification, hereby imposes on all imports of Paracetamol, falling under sub-heading No. 2922 29 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country or territory specified in column (1) of the Table below, when exported by exporters as specified in column (2) of the Table below and imported into India, an anti-dumping duty at a rate equal to the difference between the amount specified in the corresponding entry in column (3) of the said Table and the landed value of such imported goods.
Table
| Country/Territory |
Exporters |
Amount (US $ per kg) |
| (1) |
(2) |
(3) |
| People�s Republic of China |
All Producers / exporters |
3.33 |
2. The anti-dumping duty imposed under this notification shall be effective up to and inclusive of 5th day of September 2006, (unless revoked, modified or superseded earlier) and shall 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 sections 3, 3A, 8B, 9 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 conferred by sub-clause (i) of clause (a) of sub-section (3) of 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.354/32/2001-TRU]
(Ajay)
Under Secretary to the Government of India
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