[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. 26 /2019-Customs (ADD)
New Delhi, the
24th 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 antidumping 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, Subsection (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
anti-dumping 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 up
to 24.06.2019;
And
whereas the Central Government has challenged the aforesaid order vide Special
Leave Petition No. 13302-13304/2019 in the Hon’ble Supreme Court;
And
whereas the Central Government has extended notification No. 39/2018-Customs
(ADD), dated the 20th August 2018 vide notification No. 22/2019-Customs (ADD)
dated the 10th June, 2019, in pursuance of order of Hon’ble High Court of
Gujarat dated 09.05.2019;
Whereas
the Hon’ble High Court of Gujarat in the matter of SCA No. 5278/2019 vide order
dated 20.06.2019, again directed that the notification No. 39/2018-Customs
(ADD), dated the 20.8.2018 be further extended up to and inclusive of 09th
July, 2019;
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 20.06.2019, 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 “24th June, 2019”, the
figures, letters and word “9 th July, 2019” shall be substituted.
[F.No.354/93/2001-TRU
(Pt-IV)]
(Ruchi Bisht)
Under Secretary to the Government of India
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