Notification No. 26/2013, Dated 28th Oct 2013

[TO BE PUBLISHED IN PART II, SECTION 3, SUB-SECTION (i) OF THE GAZETTE OF INDIA,

EXTRAORDINARY] GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 26 /2013-Customs (ADD) 

New Delhi, the 28th October, 2013

G.S.R.       (E). – Whereas, the designated authority, vide  notification No. 14/1009/2012-DGAD, dated the 28th August, 2012, published in Part I, Section I of the Gazette of India, Extraordinary had initiated a review in the matter of continuation of anti-dumping duty on imports of paracetamol (hereinafter referred to as the subject goods) falling under tariff item 2922 29 33  of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating in or exported from, People’s Republic of China (hereinafter referred to as the subject country), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 99/2007 dated the 3rd September, 2007  published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide G.S.R. No. 571 (E), dated the 3rd September, 2007.

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in or exported from the subject country upto and inclusive of the 2ndSeptember, 2013 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 42/2012 –Customs (ADD) dated the 19th September, 2012, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide G.S.R No. 704(E), dated the 19th September, 2012.

And whereas, in the matter of review of anti-dumping duty on import of the subject goods, originating in or exported from the subject country, the designated authority vide its final findings, No. 14/1009/2012-DGAD dated the 26th August, 2013, published in Part I, Section 1, of the Gazette of India, Extraordinary, has come to the conclusion that,- 

(i)   there has been continued dumping of the subject goods from China PR and the dumping is likely to continue and increase if the anti-dumping duty is allowed to cease;

(ii)    despite the anti-dumping measures in force, the subject goods are entering the Indian market at dumped prices and both the dumping margin as well as the injury margin has remained significant, resulting in continued injury to domestic industry;

(iii) the volume of dumped import is likely to increase causing further injury to the domestic industry in the event of revocation of anti-dumping duty;

(iv)  should the present anti-dumping duties be revoked, dumping of the subject goods may in all likelihood intensify, causing further injury to the domestic industry,

and has recommended continued imposition of the anti-dumping duty against the subject goods, originating in or exported from the subject country;

Now, therefore, in exercise of the powers 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 of Injury) Rules, 1995, the Central Government, after considering the aforesaid final findings of the designated authority, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, falling under tariff item of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table,  originating in the countries as specified in the corresponding entry in column (5),  and exported from the countries as specified in the corresponding entry in column (6), and produced by the producers as specified in the corresponding entry in column (7), and exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (9) in the currency as specified in the corresponding entry in column (11)  and as per unit of measurement as specified in the corresponding entry in column (10), of the said Table.

Table

2.  The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette.

3.  The anti-dumping duty imposed under this notification shall be paid in Indian currency.

Explanation.-  For the purposes of this notification, 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 (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), 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.   

[F.No.354/93 /2001-TRU (Pt.III)]

 (Akshay Joshi)

Under Secretary to the Government of India