Notification No. 29/2002, Dated 27th Mar 2002

27^th March, 2002

Notification No. 29/2002-Customs

            WHEREAS in the matter of import of Paracetamol falling under sub-heading 2922.29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China and Taiwan, the designated authority, vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 16^th April, 2001, had come to the conclusion that -

(a) Paracetamol originating in, or exported from, the People’s Republic of China and Taiwan, has been exported to India below normal value, resulting in dumping;

(b) the domestic industry has suffered injury;

(c) the injury has been caused by the imports from the People’s republic of China and Taiwan;

            AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the said Paracetamol vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 89/2001–Customs, dated the 6^th September, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 6^thSeptember, 2001 vide G.S.R. No.647(E), dated the 6^th September, 2001;

            AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 22^nd January, 2002 has come to the conclusion that -

(a) Paracetamol originating in, or exported from, the People’s Republic of China and Taiwan, has been exported to India below normal value, resulting in dumping;

(b) the domestic industry has suffered injury;

(c) the injury has been caused by the imports from the People’s republic of China and Taiwan;

            NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-section (5) of the said section 9A 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 said Paracetamol, falling under sub-heading 2922.29 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, countries mentioned in column (2) of the Table annexed hereto, and imported into India, an anti-dumping duty at the rate which is to be calculated as the difference between the amount mentioned in the corresponding entry in column (3) of the said Table and landed value of such imported Paracetamol per Kilogramme.

Table

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 6^th September, 2001; 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;

(b)        rate of exchange applicable for the purposes of calculation of anti-dumping duty shall be the rate which is specified in the notification of the Government of India in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, and the relevant date for 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.

Vivek Prasad
Under Secretary to the Government of India

F.No.354/93/2001-TRU(Pt-II)