GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE)
NOTIFICATION No. 6/2018-Customs (ADD)
New Delhi, the 12th March, 2018
G.S.R. (E). – Whereas, in the matter of import of ‘O-Acid’ (hereinafter
referred to as the subject goods), falling under Chapter 29 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to
as the said Customs Tariff Act), originating in, or exported from China PR
(hereinafter referred to as the subject country) and imported into India, the
designated authority vide its preliminary findings published in the Gazette of
India, Extraordinary, Part I, Section 1, vide notification No. 14/31/2016-DGAD,
dated the 23rd May, 2017, had recommended imposition of provisional anti-dumping
duty on the imports of subject goods, originating in or exported from subjects
country;
And whereas, on the basis of aforesaid findings of the designated authority,
the Central Government had imposed provisional anti-dumping duty on the subject
goods vide notification of the Government of India in the Ministry of Finance
(Department of Revenue), No. 35/2017- Customs (ADD) dated the 13th July, 2017
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G. S. R. 879 (E) dated the 13th July, 2017;
And whereas, the designated authority in its final findings vide notification
No. 14/31/2016- DGAD dated 19th December, 2017, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 19th December, 2017, has come
to conclusion that
(i) The product under consideration has been exported to India from the
subject country below its normal value, resulting in dumping;
(ii) The Domestic Industry has suffered material injury due to dumping of the
product under consideration from the subject country;
(iii) The material injury has been caused by the dumped imports from the
subject country. and has recommended imposition of definitive anti-dumping duty
equal to the lesser of the margin of dumping and the margin of injury, so as to
remove the injury to the domestic industry;
Now, therefore, in exercise of the powers conferred by sub-section (2) of
section 9A of the said Customs Tariff Act, read with rules 13 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 findings of the designated authority,
hereby imposes on the subject goods, the description of which is specified in
column (3) of the Table below, falling under tariff items of the First Schedule
to the said Customs Tariff Act as specified in the corresponding entry in column
(2), originating in the countries as specified in the corresponding entry in
column (4), and exported from the countries as specified in the corresponding
entry in column (5), produced by the producers as specified in the corresponding
entry in column (6), exported by the exporters as specified in the corresponding
entry in column (7), and imported into India, a definitive anti-dumping duty at
the rate equal to the amount as specified in the corresponding entry in column
(8), in the currency as specified in the corresponding entry in column (10) and
per unit of measurement as specified in the corresponding entry in column (9) of
the said Table:-
Table
S. No |
Tariff Item |
Description of goods |
County of Origin |
County of export |
Producer |
Exporter |
Duty Amount |
Unit of Measure |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1 |
29419030 29152990 29163990 29183090 29189900
29349900 29411090 29419090 |
O-acid or Ofloxacin Acid |
China PR |
China PR |
Jiangxi Chibang Pharmaceutical Co., Ltd |
Jiangxi Chibang Pharmaceutical Co., Ltd |
4.91 |
Kg. |
US$ |
2 |
O-acid or Ofloxacin Acid |
China PR |
China PR |
Jiangxi Chibang Pharmaceutical Co., Ltd |
(i) Zhejiang Chemicals Import & Export Co., Ltd.
(ii) Zhejiang
Hengdian Apeloa Imp. & Exp. Co. Ltd |
7.50 |
Kg. |
US$ |
3 |
O-acid or Ofloxacin Acid |
China PR |
China PR |
(i)Jiangxi Dadi Pharmaceu tical Limited Liability Compay and /or
(ii)Yanchen g XinAnzho u Pharmaceu tical Co. Ltd. |
(i)Zhejiang Chemicals Import & Export Co., Ltd.
(ii)
Zhejiang Hengdian Apeloa Imp. & Exp. Co. Ltd.
(iii)Zhejiang
Ueasy Business Service Co. Ltd.
(iv) Zhejiang Xingyang Import &
Export Co. Ltd. |
4.90 |
Kg. |
US$ |
4 |
O-acid or Ofloxacin Acid |
China PR |
China PR |
(i)Zhejiang Yuanhong Medical & Chemical Technology Co., Ltd and/or
(ii) Inner Mongolia Yuanhong Fine Chemical Co. Ltd |
(i) Zhejiang Medicines & Health Products Co. Ltd
(ii)China
Sinopharm Internation al Corporatio n
(iii)Zhejiang Chemicals
Import & Export Co., Ltd.
(iv)Zhejiang Xingyang Import & Export
Co., Ltd.
(v) Shanghai Changyu Chemical Technology Co., Ltd |
4.16 |
Kg. |
US$ |
5 |
O-acid or Ofloxacin Acid |
China PR |
China PR |
Any combination other than mentioned in Sl No1 to 4
above |
8.55 |
Kg. |
US$ |
6 |
O-acid or Ofloxacin Acid |
China PR |
Any country other than China PR |
Any |
Any |
8.55 |
Kg. |
US$ |
7 |
O-acid or Ofloxacin Acid |
Any country other than China PR |
China PR |
Any |
Any |
8.55 |
Kg. |
US$ |
2. The anti-dumping duty imposed under this notification shall be effective
for a period of 3 years (unless revoked, amended or superseded earlier) from the
date of imposition of the provisional anti-dumping duty, that is, the 13th July,
2017 and shall be payable in Indian currency.
Provided that the said anti-dumping duty shall not be levied for the period
commencing from the date of the lapse of the provisional anti-dumping duty, that
is the 13th January, 2018 upto the preceding day of the publication of this
notification in the Official Gazette.
Explanation.- For the purposes of this notification, 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 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.354/111/2017 –TRU]
(Ruchi Bisht) Under Secretary to
the Government of India
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