Customs Notification No. 76 dated 8^th August 2002

WHEREAS in the matter of import of Diclofenac Sodium, falling under heading 29.42 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the Peoples Republic of China, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31^st October, 2001, had come to the conclusion that -

(a)      Diclofenac Sodium had been exported to India from the Peoples Republic of China below its normal value;

(b)      the Indian industry had suffered injury and there was threat of more injury being inflicted on domestic industry;

(c)      the injury had been caused by the dumped imports from the Peoples Republic of China;

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. 13/ 2002-Customs, dated the 7^th February, 2002, [G.S.R. 89(E), dated the 7^th February, 2002] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 7^th February, 2002;

AND WHEREAS the designated authority, vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25^th June, 2002 has come to the conclusion that -

(a)      Diclofenac Sodium has been exported to India from the Peoples Republic of China below its normal value;

(b)      the Indian industry has suffered injury;

(c)      the injury has been caused by the dumped imports from the Peoples Republic of China;

AND WHEREAS the designated authority has recommended imposition of definitive anti-dumping duty on all imports of Diclofenac Sodium, originating in, or exported from, the Peoples Republic of China;

Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, 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 Diclofenac Sodium, falling under heading 29.42 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the Peoples Republic of China, and imported into India, an anti-dumping duty at the rate of US$ 3.06 per kilogram.

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 7^th February 2002, and shall be paid in Indian currency.