Anti-dumping duty: Lovastatin originating export from China PR
WHEREAS in the matter of import of
Lovastatin falling under Chapter 29 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 dated the
23rd September 1998 had come to the conclusion that
(a) Lovastatin
originating in, or exported from, the Peoples Republic of China, had been
exported to India below normal value, resulting in dumping;
(b) the
Indian industry has suffered material injury
(c) the
injury has been caused cumulatively by the exports from the subject country.
AND WHEREAS on the basis of the
aforesaid findings of the Designated Authority, the Central Government has
imposed anti- dumping duty vide notification No.93/98-Customs, dated the 24th
November, 1998[G.S.R.698 (E), dated 24th November, 1998]; published in part-II,
Section-3, sub-Section (i) of the Gazette of India Extraordinary, dated the 24th
November (hereinafter referred to as the provisional duty);
AND WHEREAS the Designated
Authority vide its final findings, published in the Gazette of India
Extraordinary, Part-I, Section-I dated the 18th December, 1998 has concluded
that-
(a) Lovastatin
originating in, or exported from, the Peoples Republic of China, has been
exported to India below normal value, resulting in dumping.
(b) Domestic
industry has suffered material injury
(c) The
injury has been caused to the domestic industry by dumping of the subject goods
originating in or exported from China PR.
Now, therefore, in exercise of the
powers conferred by sub- section (1) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) 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 findings of the Designated Authority,
hereby imposes on Lovastatin, falling under Chapter 29 of the First Schedule to
the said Customs Tariff Act, 1975(51 of 1975, originating in, or exported from, the
People�s Republic of China and imported into India, an anti-dumping duty at
the rate which is equivalent to the difference between Rs.1,91,869�/-(Rupees
one lakh ninety one thousand eight hundred and sixty nine only) per Kg. and the
landed value of Lovastatin per Kg.
The anti-dumping duty imposed under
this notification shall be levied with effect from the date of impositional duty
i.e. 24th November 1998
Explanation-
For the purposes
of this notification �landed value� means the assessable value as determined
under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except
customs duties levied under section 3, 3A, 8B, 9 or section 9A, as
the case may be, of the said Customs Tariff Act.
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