[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

17th June 2005

Notification No. 55/2005-Customs


Whereas in the matter of import of Analgin, falling under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from the People’s Republic of China and Taiwan, the designated authority vide its preliminary findings dated the 7th March, 2001, published in the Gazette of India, Extraordinary, Part I, Section 1, had come to the conclusion that –

(a) Analgin originating in, or exported from, the People’s Republic of China and Taiwan, has been exported to India below its normal value, resulting in dumping;
(b) the domestic industry has suffered material injury;
(c) the injury has been caused cumulatively by the imports from the subject countries;

And whereas on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 38/2001-Customs, dated the 9th April, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 9th April, 2001 vide No. G.S.R.251(E), dated the 9th April, 2001;

And whereas the designated authority vide its final findings dated the 12th September, 2001 published in the Gazette of India, Extraordinary, Part I, Section 1, had come to the conclusion that –

(a) Analgin and most commonly used synonyms of Analgin like Dipyrone, Metamizole,          Methampyrone, originating in or exported from China PR and Taiwan has been    exported to India below normal value resulting in dumping;
(b) the domestic industry has suffered material injury;
(c) the injury has been caused cumulatively by the imports from the subject countries;

And whereas on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed anti-dumping duty vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.101/2001-Customs, dated the 8th October, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 8th October, 2001 vide No.G.S.R.763 (E), dated the 8th October, 2001;

And whereas the designated authority vide its amendment notification No.66/1/2000-DGAD, dated the 23rd March, 2005, published in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that –

(a)

Analgin and most commonly used synonyms of Analgin like Dipyrone, Metamizole, Methampyrone, originating in or exported from China PR has been exported to India below normal value resulting in dumping;

(b) the domestic industry has suffered material injury;
(c) the injury has been caused by the imports from China PR,

and has recommended the continued imposition of definitive anti-dumping duty on all imports of  Analgin from China PR;

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Now, therefore, in exercise of the powers conferred by sub sections (1) and (5) of section 9A of the said Customs Tariff Act read with rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 101/2001-Customs dated the 8th October, 2001 published vide No.G.S.R.763 (E), dated the 8th October, 2001, except as respects things done or omitted to be done before such supersession, the Central Government, on the basis of  finding of the designated authority in the aforesaid amendment notification, hereby imposes on all imports of Analgin and most commonly used synonyms of Analgin like Dipyrone, Metamizole, Methampyrone as described under entry number 3369 of MERCK INDEX, falling under Chapter 29 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country or territory specified in column (1) of the Table below, when  exported by exporters as specified in column (2) of the said Table, and imported into India, an anti-dumping duty at a rate which is specified in the corresponding entry in column (3) of the said Table.

 Table

Country/Territory

Exporters

Amount  (US $ per kg)

(1)

(2)

(3)

China PR

All exporters

 2.592

 2. The anti-dumping duty imposed under this notification will be effective upto and inclusive of 8th April, 2006 (unless revoked, modified or superseded earlier) and shall be paid in Indian currency.

 Explanation – For the purposes of this notification, rate of exchange applicable for the purposes of calculation of 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 under sub-clause (i) of clause (a) of sub-section (3) of 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.354/32/2001-TRU

Ajay
Under Secretary to the Government of India

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