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GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 41/2017-Customs (ADD)
New Delhi, the 29th August, 2017
G.S.R. (E). -Whereas, the Designated Authority vide initiation notification
No.7/6/2017- DGAD dated the 29th August, 2017, published in the Gazette of
India, Extraordinary, Part I, Section 1 dated the 29th August, 2017, has
initiated review in terms of sub-section (5) of section 9A of the Customs Tariff
Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act)
and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment
and Collection of Anti-dumping Duty on Dumped Articles and for Determination of
Injury) Rules, 1995 (hereinafter referred to as the said rules), in the matter
of continuation of anti-dumping duty on imports of “Metronidazole”, originating
in, or exported from China PR imposed vide notification of the Government of
India, in the Ministry of Finance (Department of Revenue)
No.40/2012, Customs
(ADD), dated the 30th August, 2012, published in the Gazette of India,
Extraordinary, Part II, Section 3, Subsection (i) vide number G.S.R. 657(E),
dated the 30th August, 2012;
And whereas the Hon’ble High Court of Delhi in the Writ Petition (C)
7464/2017 vide Order dated 29th August, 2017 has directed that the notification
of the Government of India, in the Ministry of Finance (Department of Revenue)
No.40/2012, Customs (ADD), dated the 30th August, 2012, published in the Gazette
of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.
657(E), dated the 30th August, 2012 shall continue till the conclusion of the
said sunset review investigations by the Designated Authority but not exceeding
the one year period stipulated in the second proviso to subsection (5) of
section 9A of the said Customs Tariff Act.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and
(5) of section 9A of the said Customs Tariff Act and in pursuance of rule 23 of
the said rules, the Central Government hereby makes the following amendment in
the notification of the Government of India, in the Ministry of Finance
(Department of Revenue),
No. 40/2012, Customs (ADD), dated the 30th August,
2017, published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R. 657(E), dated the 30th August, 2012, namely:-
In the said notification, after paragraph 2 and before the Explanation, the
following paragraph shall be inserted, namely: -
“3. Notwithstanding anything contained in paragraph 2, this notification,
unless revoked earlier, shall remain in force till the conclusion of the sunset
review investigations initiated by the Designated Authority vide initiation
notification No.7/6/2017-DGAD dated the 29th August, 2017, published in the
Gazette of India, Extraordinary, Part I, Section 1 dated the 29th August, 2017,
or upto and inclusive of the 28th day of August, 2018, whichever is earlier.”.
(Ruchi Bisht)
Under Secretary to the Government of India
[F. No.
354/17/2000-TRU (Pt. III)]
Note. - The principal notification
No. 40/2012, Customs (ADD), dated the 30th
August, 2012, was published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R. 657(E), dated the 30th August,
2012 and was last amended vide notification
No.19/2016-Customs (ADD), dated 19th
May, 2016 which was published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R. 534(E), dated the 19th May, 2016.
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