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Anti-Dumping Duty: Trimethoprim Originating in, or Exported from,
People�s Republic of China
Notification
No. 89 dated 3rd September 2002
WHEREAS
in the matter of import of Trimethoprim falling under sub-heading 2933.59 of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from, People�s Republic of China, the designated authority vide
its preliminary findings, published in the Gazette of India, Extraordinary, Part
I, Section 1, dated the 7th September, 2001, had come to the
conclusion that -
(a)
Trimethoprim, originating in, or exported from, People�s Republic of
China had been exported to India below normal value, resulting in dumping;
(b)
the domestic industry had suffered injury;
(c)
the injury had been caused by the imports from People�s 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.
3/ 2002-Customs, dated the 9th January, 2002, [G.S.R. 15(E), dated
the 9th January, 2002], published in Part II, Section 3, Sub-section
(i) of the Gazette of India, Extraordinary, dated the 9th January,
2002;
AND
WHEREAS the designated authority, vide its final findings published in
the Gazette of India, Extraordinary, Part I, Section 1, dated the 15th
July, 2002 has come to the conclusion that -
(a)
Trimethoprim, originating in, or exported from, People�s Republic of
China has been exported to India below normal value, resulting in dumping;
(b)
the domestic industry has suffered material injury;
(c)
the material injury has been caused by the imports from People�s
Republic of China;
AND
WHEREAS the designated authority
has recommended, in the said findings, the imposition of definitive anti-dumping
duty on all imports of the said Trimethoprim;
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 all imports of Trimethoprim, falling under sub-heading 2933.59 of the First Schedule to the said Customs Tariff Act, originating in,
or exported from, the country specified in column (2) of the Table below,
and imported into India, an anti-dumping duty at a rate which is equivalent to
the difference between the amount specified in column(3) of the said Table
and the landed value, in US$
per kilogram, of such imported Trimethoprim.
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S.
No
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Name
of the Country
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Amount
(US$ per kilogramme)
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(1)
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(2)
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(3)
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1
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People�s
Republic of China
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19.71
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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 9th January 2002, and shall be paid in Indian currency.
Explanation:
For the purposes of this notification, -
(a)
�landed value� means the assessable value as determined under the Customs
Act, 1962 (52 of 1962) and includes all duties of customs except duties levied
under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act; and
(b)
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 and Company Affairs
(Department of Revenue), issued from time to time, in exercise of the powers
conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of
the said Customs Act, 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.
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