GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE)
Notification No. 27/2019-Customs (ADD)
New Delhi, the 12th July, 2019
G.S.R. (E). – Whereas, the Central Government, in exercise of the powers conferred by
sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), (hereinafter referred to
as 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, levied
anti-dumping duty on imports of ‘Paracetamol’ (hereinafter referred to as the subject goods) falling under
Chapter 29 of the First Schedule to the Customs Tariff Act, originating in or exported from China PR
(hereinafter referred to as the subject country), vide notification No. 26/2013-Customs (ADD), dated the
28th October, 2013, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i),vide number G.S.R. 710(E), dated the 28th October, 2013 for a period of five years from the date of
publication in the Official Gazette;
And whereas, the designated authority, vide notification No. 7/16/2018-DGAD, dated the 25th
April, 2018, published in the Gazette of India, Extraordinary, Part I, Section 1, initiated a review in the
matter of continuation of anti-dumping duty and recommended the extension of the anti-dumping duty on
the subject goods for a period of six months;
And whereas, on the basis of the recommendations of the designated authority, the Central
Government had extended the anti-dumping duty on the subject goods, originating in or exported from the
subject country up to and inclusive of the 26th April, 2019 vide
notification No.39/2018-Customs (ADD),
dated the 20th August, 2018, published in the Gazette of India, Extraordinary Part II, Section 3, Sub-section
(i), vide number G.S.R 786(E), dated the 20th August, 2018 amending aforesaid
notification No. 26/2013-
Customs (ADD), dated the 28th October, 2013;
And whereas, the designated authority in its final findings dated 29th January, 2019, published vide
notification No. 7/16/2018-DGAD, dated the 29th January, 2019, in the Gazette of India, Extraordinary,
Part I, Section 1, regarding the review of anti-dumping duty on the subject goods originating in or exported
from the subject country, recommended termination of the anti-dumping duty on the import of subject
goods;
And whereas on the basis of these final findings, the Central Government, vide
notification
No.19/2019-Customs (ADD), dated the 16th April, 2019, published in the Gazette of India, Extraordinary
Part II, Section 3, Sub-section (i), vide number G.S.R 309 (E), dated the 16th April, 2019, rescinded the
aforesaid notification of the Government of India, in the Ministry of Finance (Department of Revenue),
No.
39/2018-Customs (ADD), dated the 20th August, 2018 to terminate the levy of anti-dumping duty on the
subject goods as per the said final findings of the designated authority;
And whereas the Hon’ble High Court of Gujarat in the matter of SCA No. 5278/2019 vide order
dated 24th April, 2019, directed to extend the aforesaid
notification No. 39/2018-Customs (ADD), dated the
20th August, 2018 till 24th June, 2019, and on being informed that the said
notification No. 39/2018-
Customs (ADD), dated 20th August, 2018 had already been rescinded vide
notification No. 19/2019-
Customs (ADD) dated the 16th April, 2019, the Hon’ble High Court suspended
notification No. 19/2019-
Customs (ADD) dated the 16th April, 2019, till final disposal of the main petition;
And whereas the Hon’ble High Court of Gujarat in the matter of SCA No. 5278/2019 vide order
dated the 9th May, 2019, again directed that the
notification No. 39/2018-Customs (ADD), dated the 20th
August, 2018 be extended for a further period up to 24th June, 2019;
And whereas the Central Government has challenged the aforesaid order vide Special Leave
Petition No. 13302-13304/2019 in the Hon’ble Supreme Court;
And whereas the Central Government has extended
notification No. 39/2018-Customs (ADD),
dated the 20th August 2018 vide
notification No. 22/2019-Customs (ADD), dated the 10th June, 2019
[G.S.R. 415 (E), dated the 10th June, 2019], in pursuance of order of Hon’ble High Court of Gujarat dated
the 9th May, 2019;
And whereas the Hon’ble High Court of Gujarat in the matter of SCA No. 5278/2019 vide order
dated 20th June, 2019, again directed that the
notification No. 39/2018-Customs (ADD), dated the 20th
August, 2018 be further extended up to and inclusive of 09th July, 2019;
And whereas the Central Government has extended
notification No. 39/2018-Customs (ADD),
dated the 20th August 2018 vide
notification No. 26/2019-Customs (ADD) dated the 24th June, 2019
[G.S.R.
450 (E), dated the 24th June, 2019], up to and inclusive of 9th July, 2019, in pursuance of order of Hon’ble
High Court of Gujarat dated 20th June, 2019;
And whereas the Hon’ble High Court of Gujarat in the matter of SCA No. 5278/2019 vide its final
order dated the 3rd July, 2019, directed the respondent No. 2 to undertake the exercise of recording its final
finding afresh and respondent No. 1 to extend the anti-dumping on the product in question, till the final
findings are rendered.
And whereas the DGTR vide OM No. 7/16/2018-DGAD (Part file)-1, dated the 8
th July, 2019 has
recommended that the anti-dumping duty on Paracetamol may be extended up to and inclusive of the 27th
October, 2019.
Now therefore, in exercise of powers conferred by sub-sections (1) and (5) of section 9A of the
Customs Tariff Act, 1975 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, and in
pursuance of the aforesaid order dated the 3rd July, 2019 of Hon’ble High Court, without prejudice to the
rights and contentions of the parties to be decided in the ultimate outcome of the SLP in the Hon’ble
Supreme Court, the Central Government hereby makes the following further amendments in the
notification of Government of India, in the Ministry of Finance (Department of Revenue),
No. 39/2018
Customs (ADD), dated the 20th August, 2018, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i), vide number G. S. R. 786 (E), dated the 20th August, 2018, namely:-
In the said notification, for the figures, letters and word “9
th July, 2019”, the figures, letters and
word “27th October 2019” shall be substituted.
[F.No.354/93/2001-TRU (Pt-IV)]
(Ruchi Bisht) Under Secretary to the
Government of India
Note: The principal notification No.26/2013-Customs (ADD), dated the 28th October, 2013
was
published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.
710(E), dated the 28th October, 2013 and last amended vide
notification No. 26/2019-Customs (ADD),
dated the 10th June, 2019, vide number G.S.R. 450(E), dated the 24th June, 2019.
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