[TO
BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3,
SUB-SECTION (i)]
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.”.
[F. No.
354/17/2000-TRU (Pt. III)]
(Ruchi Bisht)
Under Secretary to the Government of India
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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