[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. 22 /2019-Customs (ADD)
New Delhi, the
10th 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 28 th 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 28 th 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
anti-dumping 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
26 th 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, Sub-section (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 antidumping 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 upto 24.06.2019;
Whereas the Central Government has challenged the
aforesaid order vide SLP No. 13302- 13304/2019 in the Hon’ble Supreme Court.
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
09.05.2019, 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 of 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 “26th April, 2019”,
the figures, letters and word “24th June, 2019” shall be substituted.
[F.No.354/93/2001-TRU
(Pt-IV)]
(Ruchi Bisht)
Under Secretary to the Government of India
We have successfully served many reputable clients for Import-Export Data Information Services. Here are some of our clients:
Copyright © 2009 - 2024 www.seair.co.in. All Rights Reserved.