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GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 26 /2019-Customs (ADD)
New Delhi, the 24th June, 2019
G.S.R. (E). – Whereas, the Central Government, in exercise of the powers
conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act,
1975 (51 of 1975), hereinafter referred to as the Customs Tariff Act, read with
rules 18 and 23 of the Customs Tariff(Identification, Assessment and Collection
of Anti-dumping Duty on Dumped Articles and for Determination Injury), Rules,
1995, levied anti-dumping duty on imports of ‘Paracetamol’ (hereinafter referred
to as the subject goods) falling under Chapter 29 of the First Schedule to the
Customs Tariff Act, originating in or exported from China PR (hereinafter
referred to as the subject country), vide notification No. 26/2013-Customs
(ADD), dated the 28th October, 2013, published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.710(E),
dated the 28th October, 2013 for a period of 5 years from the date of
publication in the Official Gazette;
Whereas, the designated authority,
vide notification No. 7/16/2018-DGAD, dated the 25th April, 2018, published in
the Gazette of India, Extraordinary, Part I, Section 1, initiated a review in
the matter of continuation of anti-dumping duty and recommended the extension of
the antidumping duty on the subject goods for a period of 6 months;
And
whereas, on the basis of the recommendations of the designated authority, the
Central Government had extended the anti-dumping duty on the subject goods,
originating in or exported from the subject country up to and inclusive of the
26th April, 2019 vide
notification No.39/2018-Customs (ADD), dated the 20th August, 2018,
published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, vide number G.S.R 786(E), dated the 20th August, 2018 amending
aforesaid notification No. 26/2013-Customs (ADD), dated the 28th October, 2013;
And whereas, the designated authority in its final findings dated 29th
January, 2019, published vide notification No. 7/16/2018-DGAD, dated the 29th
January, 2019, in the Gazette of India, Extraordinary, Part I, Section 1,
regarding the review of anti-dumping duty on the subject goods originating in or
exported from the subject country, recommended termination of the antidumping
duty on the import of subject goods;
And whereas on the basis of these final findings, the Central Government,
vide
notification No.19/2019-Customs (ADD), dated the 16th April, 2019,
published in Part II, Section 3, Subsection (i) of the Gazette of India,
Extraordinary, vide number G.S.R 309 (E), dated the 16th April, 2019; rescinded
the notification of the Government of India, in the Ministry of Finance
(Department of Revenue),
No. 39/2018-Customs (ADD), dated the 20th August, 2018
to terminate the levy of anti-dumping duty on the subject goods as per the said
final findings of the designated authority;
And whereas the Hon’ble
Gujarat High Court in the matter of SCA No. 5278/2019 vide order dated
24.04.2019, directed to extend the aforesaid notification No. 39/2018-Customs
(ADD), dated the 20.8.2018 till 24.6.2019, and on being informed that the said
notification No. 39/2018-Customs (ADD), dated 20th August, 2018
had already been rescinded vide
notification No.19/2019-Customs (ADD) dated the 16th April, 2019,
the Hon’ble High Court suspended
notification No. 19/2019-Customs (ADD) dated the 16th April, 2019,
till final disposal of the main petition;
And whereas the Hon’ble High
Court of Gujarat in the matter of SCA No. 5278/2019 vide order dated 09.05.2019,
again directed that the notification No. 39/2018-Customs (ADD), dated the
20.8.2018 be extended for a further period up to 24.06.2019;br>
And whereas the Central Government has challenged the
aforesaid order vide Special Leave Petition No. 13302-13304/2019 in the Hon’ble
Supreme Court;
And whereas the Central Government has extended
notification No. 39/2018-Customs(ADD), dated the 20th August 2018
vvide
notification No. 22/2019-Customs (ADD) dated the 10th June, 2019,
in pursuance of order of Hon’ble High Court of Gujarat dated 09.05.2019;
Whereas the Hon’ble High Court of Gujarat in the matter of SCA No. 5278/2019
vide order dated 20.06.2019, again directed that the
notification No. 39/2018-Customs (ADD), dated the 20.8.2018
be further extended up to and inclusive of 09th July, 2019;
Now
therefore, in exercise of power conferred by sub-sections (1) and (5) of section
9A of the Customs Tariff Act read with rules 18 and 23 of the Customs Tariff
(Identification, Assessment and Collection of Anti-dumping Duty on Dumped
Articles and for Determination Injury), Rules, 1995, and in pursuance of the
High Court order dated 20.06.2019, without prejudice to the rights and
contentions of the parties to be decided in the writ petition before the Hon’ble
High Court of Gujarat and the ultimate outcome of the SLP in the Hon’ble Supreme
Court, the Central Government hereby makes the following further amendments in
the notification of Government ofbr>India, in the Ministry of
Finance (Department of Revenue),
No. 39/2018 Customs (ADD), dated the 20th August, 2018,
published in the Gazette of India, Extraordinary, part II, Section 3,
Sub-Section (i), vide number G. S. R. 786 (E), dated 20th August, 2018, namely:-
In the said notification, for the figures, letters and word “24th June,
2019”, the figures, letters and word “9th July, 2019” shall be substituted.
[F.No.354/93/2001-TRU (Pt-IV)]
(Ruchi Bisht)
Under Secretary to the
Government of India
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