[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. 55/2018-Customs (ADD)
New Delhi, the
15th November, 2018
G.S.R. (E).-
Whereas, in the matter of review of anti-dumping duty on import of O-Acid,
falling under Chapter 29 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 China PR (hereinafter referred to as the subject country)
and imported into India, the designated authority vide its final findings
notification No.14/31/2016-DGAD, dated the 19th December, 2017, published in
the Gazette of India, Extraordinary, Part I, Section 1, dated the 19th
December, 2017, had recommended imposition of the anti-dumping duty on O-Acid
originating in or exported from subject country.
And
whereas, on the basis of the aforesaid findings of the designated authority,
the Central Government had imposed an anti-dumping duty on subject goods
originating in or exported from the subject country, vide, notification of the
Government of India in the Ministry of Finance (Department of Revenue),
No.6/2018-Customs (ADD), dated the 12th March, 2018, published vide number
G.S.R. 220(E) in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-Section (i), dated the 12th March, 2018;
And
whereas, the designated authority, vide notification No.7/14/2018-DGAD, dated
the 4th May, 2018, in the matter of circumvention of the anti-dumping duty
imposed on imports of OAcid, had initiated an investigation to determine the
need for extending anti-dumping duty imposed on the imports of O-Acid
originating in or exported from the subject country, vide, notification of the
Government of India in the Ministry of Finance (Department of Revenue),
No.6/2018-Customs (ADD), dated the 12th March, 2018, to the imports of
“Ofloxacin Ester (O-Ester)” (hereinafter referred to as the subject goods)
falling under tariff item 2934 99 00 of the First Schedule to the Customs
Tariff Act, originating in or exported from the subject country.
And
whereas, the designated authority in its final findings, published vide
notification No.7/14/2018-DGAD, dated the 24th October, 2018, in the Gazette of
India, Extraordinary, Part I, Section 1, has come to the conclusion that-
(i)
the anti-dumping duty imposed on imports
of O- Acid, originating and exported from China PR vide Customs Notification
No. 6/2018-Customs (ADD) dated 12th March, 2018 was circumvented through
exports of O-Ester from China PR in accordance with rule 25 (3) of the Customs
Tariff (Identification, Assessment and Collection of Antidumping Duty on Dumped
Articles and for Determination of Injury) Rules, 1995 (AD Rules). The imports
of O-Ester in India constitute circumvention of ADD earlier imposed on imports
of O-Acid;
(ii)
O- Ester has been exported at dumped prices
during the Period of Investigation;
(iii)
O-Ester exports from China has undermined the
existing Anti-dumping measure on imports of O-Acid origination in or exported
from China PR vide notification No. 6/20018-Customs (ADD) dated 12th March,
2018,
and has recommended extension of existing
anti-dumping duty on “O-Acid” originating in or exported from the China PR and
imposed vide, notification No.6/2018-Customs (ADD), dated the 12th March, 2018
to the imports originating and exported from the China PR of subject goods;
Now,
therefore, in exercise of the powers conferred by sub-sections (1), (1A) and
(5) of section 9A of the Customs Tariff Act, read with rule 27 of the AD Rules,
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 the tariff
items of the First Schedule to the Customs Tariff Act as specified in the
corresponding entry in column (2), originating in the countries as specified in
the corresponding entry in column (4), exported from the countries as specified
in the corresponding entry in column (5), produced by the producers as
specified in the corresponding entry in column (6), exported by the exporters
as specified in the corresponding entry in column (7), and imported into India,
an anti-dumping duty at the rate equal to the amount as specified in the
corresponding entry in column (8) in the currency as specified in the
corresponding entry in column (10) and as per unit of measurement as specified
in the corresponding entry in column (9) of the said Table, namely:-
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