Seeks to impose anti-dumping duty on imports of ‘O-Acid’ originating in or exported from China PR.

[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. 6/2018-Customs (ADD)

New Delhi, the 12th March, 2018

G.S.R. 220(E). – Whereas, in the matter of import of ‘O-Acid’ (hereinafter referred to as the subject goods), falling under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said 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 preliminary findings published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification No. 14/31/2016-DGAD, dated the 23rd May, 2017, had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in or exported from subjects country;

And whereas, on the basis of aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 35/2017- Customs (ADD) dated the 13th July, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G. S. R. 879 (E) dated the 13th July, 2017;

And whereas, the designated authority in its final findings vide notification No. 14/31/2016- DGAD dated 19th December, 2017, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 19th December, 2017, has come to conclusion that-

(i) the product under consideration has been exported to India from the subject country below its normal value, resulting in dumping;

(ii) the Domestic Industry has suffered material injury due to dumping of the product under consideration from the subject country;

(iii) the material injury has been caused by the dumped imports from the subject country.

and has recommended imposition of definitive anti-dumping duty equal to the lesser of the margin of dumping and the margin of injury, so as to remove the injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 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 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 tariff items of the First Schedule to the said 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), and 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, a definitive 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 per unit of measurement as specified in the corresponding entry in column (9) of the said Table:-

Table

S. No.
Tariff Item
Description of goods
County of Origin
County of export
Producer
Exporter
Duty Amount
Unit of Mea sure
Curr ency
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
1
29419030
29152990
29163990
29183090
29189900
29349900
29411090
29419090
O-acid or Ofloxacin Acid
China PR
China PR
Jiangxi Chibang Pharmaceutical Co., Ltd
Jiangxi Chibang Pharmaceutical Co., Ltd
4.91
Kg.
US$
2
O-acid or Ofloxacin Acid
China PR
China PR
Jiangxi Chibang Pharmaceutical Co., Ltd
(i) Zhejiang Chemicals Import & Export Co., Ltd.
(ii) Zhejiang Hengdian Apeloa Imp. & Exp. Co. Ltd
7.50
Kg.
US$
3
O-acid or Ofloxacin Acid
China PR
China PR
(i)Jiangxi Dadi Pharmaceutical Limited Liability Compay and /or
(ii)Yanchen g XinAnzho u Pharmaceutical Co. Ltd.
(i)Zhejiang Chemicals Import & Export Co., Ltd.
(ii) Zhejiang Hengdian Apeloa Imp. & Exp. Co. Ltd.
(iii)Zhejiang Ueasy Business Service Co. Ltd.
(iv) Zhejiang Xingyang Import & Export Co. Ltd.
4.90
Kg.
US$
4
O-acid or Ofloxacin Acid
China PR
China PR
(i)Zhejiang Yuanhong Medical & Chemical Technology Co., Ltd and/or
(ii) Inner Mongolia Yuanhong Fine Chemical Co. Ltd
(i) Zhejiang Medicines & Health Products Co. Ltd
(ii)China Sinopharm International Corporation
(iii)Zhejiang Chemicals Import & Export Co., Ltd.
(iv)Zhejiang Xingyang Import & Export Co., Ltd.
(v) Shanghai Changyu Chemical Technology Co., Ltd
4.16
Kg.
US$
5
O-acid or Ofloxacin Acid
China PR
China PR
Any combination other than mentioned in Sl No1 to 4 above
8.55
Kg.
US$
6
O-acid or Ofloxacin Acid
China PR
Any country other than China PR
Any
Any
8.55
Kg.
US$
7
O-acid or Ofloxacin Acid
Any country other than China PR
China PR
Any
Any
8.55
Kg.
US$

2. The anti-dumping duty imposed under this notification shall be effective for a period of 3 years (unless revoked, amended or superseded earlier) from the date of imposition of the provisional anti-dumping duty, that is, the 13th July, 2017 and shall be payable in Indian currency.

Provided that the said anti-dumping duty shall not be levied for the period commencing from the date of the lapse of the provisional anti-dumping duty, that is the 13th January, 2018 up to the preceding day of the publication of this notification in the Official Gazette.

Explanation.- For the purposes of this notification, rate of exchange applicable for the purposes of calculation of such 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 conferred by 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.354/111/2017 –TRU]

(Ruchi Bisht)
Under Secretary to the Government of India

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