GOVERNMENT OF INDIA MINISTRY OF FINANCE (Department of Revenue)
Notification No. 21/2017-Customs (ADD)
New Delhi, the 16th May, 2017
G.S.R. (E).– Whereas, in the matter of ‘Amoxycillin’ also known as
‘Amoxycillin Trihydrate’ (hereinafter referred to as the subject goods) falling
under Tariff Item 2941 10 30 of the First Schedule to the Customs Tariff Act,
1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act),
originating in, or exported from China PR (hereinafter referred to as subject
countries), and imported into India, the Designated Authority in its final
findings published in the Gazette of India, Extraordinary, Part I, Section 1,
vide notification number 14/05/2015-DGAD dated the 03rd April, 2017, has come to
the conclusion that –
(i) the presence of dumped imports in the country is suppressing the prices
of the domestic industry.
(ii) imports are undercutting the prices of the domestic industry and that
the price undercutting has led to significant increase in market share of
imports and decline in market share of the Indian industry
(iii) material injury to the domestic industry has been caused by dumped
imports
and has recommended imposition of definitive anti-dumping duty on imports of
the subject goods, originating in, or exported from the subject countries and
imported into India, in order to remove injury to the domestic industry.
Now, Therefore, in exercise of the powers conferred by sub-sections (1) and
(5) of section 9A of the 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, the Central
Government, after considering the aforesaid final 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 item of the
First Schedule to the 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, an 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), in the unit of measure as specified in the corresponding entry in column
(9) of the said Table, namely:-
Sl No. |
Heading / SubHeading |
Description of goods |
Country of Origin |
Country of Export |
Produce |
Exporter |
Duty Amount |
Unit of measure |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1 |
2941 10 30 |
Amoxicillin |
China PR |
China PR |
North China Pharmaceutic al Group Semisyntech Co. Ltd. (Semisyntech)
|
North China Pharmaceutical Co. Ltd. (NCPC) |
4.03 |
KG |
US$ |
2 |
2941 10 30 |
Amoxicillin |
China PR |
China PR |
Inner Mongolia Changsheng Pharmaceutic al Co. Ltd. (Changsheng) |
Inner Mongolia Changsheng Pharmaceutical Co. Ltd. (Changsheng) |
3.00 |
KG |
US$ |
3 |
2941 10 30 |
Amoxicillin |
China PR |
China PR |
Zhuhai United Laboratories Co Ltd |
Zhuhai United Laboratories Co. Ltd United Laboratories Trading Co
Team Crown Trading Company United Laboratories Inner Mangolia |
2.83 |
KG |
US$ |
United Laboratories Inner Mangolia |
4 |
2941 10 30 |
Amoxicillin |
China PR |
China PR |
Any combination other than S. No. 1 to 3 |
8.71 |
KG |
US$ |
5 |
2941 10 30 |
Amoxicillin |
China PR |
Any country other than China PR |
Any |
Any |
8.71 |
KG |
US$ |
6 |
2941 10 30 |
Amoxicillin |
Any country other than China PR |
China PR |
Any |
Any |
8.71 |
KG |
US$ |
The following types of products are excluded from the scope of the subject
goods:
(i) Amoxycillin Sodium Sterile and Flucloxacillin Sodium Sterile
(ii) Amoxicillin Trihydrate Compacted Ampicillin Trihydrate Compacted:
(iii) Amoxicillin Trihydrate and Clavulanate Potassium.
2. The anti-dumping duty imposed under this notification shall be effective
for a period of five years (unless revoked, superseded or amended earlier) from
the date of publication of this notification in the Official Gazette and shall
be paid in Indian currency.
Explanation.- For the purposes of this notification, rate of exchange
applicable for the purpose 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.
(Mohit Tiwari) Under Secretary to the Government of India [F.
No. 354/78/2017-TRU]
|