[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
August 8, 2002
Notification No. 76/2002-Customs
WHEREAS in the matter of import of Diclofenac Sodium, falling under heading 29.42 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the Peopleís Republic of China, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31st October, 2001, had come to the conclusion that –
(a) Diclofenac Sodium had been exported to India from the Peopleís Republic of China below its normal value;
(b) the Indian industry had suffered injury and there was threat of more injury being inflicted on domestic industry;
(c) the injury had been caused by the dumped imports from the Peopleís Republic of China;
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. 13/2002ñCustoms, dated the 7th February, 2002, [G.S.R. 89(E), dated the 7th February, 2002] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the7th February, 2002;
AND WHEREAS the designated authority, vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th June, 2002 has come to the conclusion that –
(a) Diclofenac Sodium has been exported to India from the Peopleís Republic of China below its normal value;
(b) the Indian industry has suffered injury ;
(c) the injury has been caused by the dumped imports from the Peopleís Republic of China;
AND WHEREAS the designated authority has recommended imposition of definitive anti-dumping duty on all imports of Diclofenac Sodium, originating in, or exported from, the Peopleís Republic of China;
Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and 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, the Central Government, on the basis of the aforesaid final findings of the designated authority, hereby imposes on Diclofenac Sodium, falling under heading 29.42 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the Peopleís Republic of China, and imported into India, an anti-dumping duty at the rate of US$ 3.06 per kilogram.
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 7th February 2002, 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 & Company Affairs (Department of Revenue), issued from time to time, in exercise of the powers conferred by 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.354/197/2001-TRU
Vivek Prasad
Under Secretary to the Government of India
