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Anti-Dumping Duty: Paracetamol originating in, or exported from the
People�s Republic of China and Taiwan
Custom Notification No. 29 dated 27th
March 2002
WHEREAS in the matter of import of Paracetamol
falling under sub-heading 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 People�s republic of China and Taiwan;
AND WHEREAS on the basis of the
aforesaid findings of the designated authority, the Central Government had
imposed an anti-dumping duty on the said Paracetamol 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 G.S.R. No. 647 (E), dated the 6th
September, 2001;
AND WHEREAS the designated authority vide
its final findings published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 22nd January, 2002 has 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 People�s republic of China and Taiwan;
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 said Paracetamol, falling under sub-heading 2922.29
of the First Schedule to the said Customs Tariff Act, originating in, or
exported from, countries mentioned in column (2) of the Table annexed hereto,
and imported into India, an anti-dumping duty at the rate which is to be
calculated as the difference between the amount mentioned in the corresponding
entry in column (3) of the said Table and landed value of such imported
Paracetamol per Kilogramme.
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S.No.
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Name of the country
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Amount (in $ US per Kilogramme)
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(1)
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(2)
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(3)
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1.
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People�s Republic of China
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3.33
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2.
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Taiwan
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3.33
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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 6th
September2001; 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 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 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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