Another Five Years for
Anti-dumping Duty on Paracetamol from China in Review
[Ref: Notification No.
26 /2013-Customs (ADD) dated 28 October 2013]
Whereas, the designated authority, vide
notification No. 14/1009/2012-DGAD, dated the 28th August, 2012,
published in Part I, Section I of the Gazette of India, Extraordinary had
initiated a review in the matter of continuation of anti-dumping duty on
imports of paracetamol (hereinafter referred to as the subject goods) falling
under tariff item 2922 29 33 of the First Schedule to the Customs Tariff Act,
1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act),
originating in or exported from, People’s Republic of China (hereinafter
referred to as the subject country), imposed vide notification of the
Government of India, in the Ministry of Finance (Department of Revenue), No.
99/2007 dated the 3rd September, 2007 published in Part II, Section
3, Sub-section (i) of the Gazette of India, Extraordinary, vide G.S.R.
No. 571 (E), dated the 3rd September, 2007.
And whereas, the Central Government had extended
the anti-dumping duty on the subject goods, originating in or exported from the
subject country upto and inclusive of the 2nd September, 2013 vide
notification of the Government of India, in the Ministry of Finance (Department
of Revenue), No. 42/2012 –Customs (ADD) dated the 19th September,
2012, published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, vide G.S.R No. 704(E), dated the 19th September, 2012.
And whereas, in the matter of review of
anti-dumping duty on import of the subject goods, originating in or exported
from the subject country, the designated authority vide its final
findings, No. 14/1009/2012-DGAD dated the 26th August, 2013,
published in Part I, Section 1, of the Gazette of India, Extraordinary, has
come to the conclusion that,-
(i) there
has been continued dumping of the subject goods from China PR and the dumping
is likely to continue and increase if the anti-dumping duty is allowed to
cease;
(ii) despite
the anti-dumping measures in force, the subject goods are entering the Indian
market at dumped prices and both the dumping margin as well as the injury
margin has remained significant, resulting in continued injury to domestic
industry;
(iii) the
volume of dumped import is likely to increase causing further injury to the
domestic industry in the event of revocation of anti-dumping duty;
(iv) should
the present anti-dumping duties be revoked, dumping of the subject goods may in
all likelihood intensify, causing further injury to the domestic industry,
and has recommended continued imposition of the
anti-dumping duty against the subject goods, originating in or exported from
the subject country;
Now, therefore, in exercise of the powers 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 of
Injury) Rules, 1995, the Central Government, after considering the aforesaid
final 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 item of the First Schedule to the Customs Tariff Act as
specified in the corresponding entry in column (2), the specification of which
is specified in column (4) of the said Table, originating in the countries as
specified in the corresponding entry in column (5), and exported from the
countries as specified in the corresponding entry in column (6), and produced
by the producers as specified in the corresponding entry in column (7), and
exported by the exporters as specified in the corresponding entry in column
(8), and imported into India, an anti-dumping duty at the rate equal to the
amount as specified in the corresponding entry in column (9) in the currency as
specified in the corresponding entry in column (11) and as per unit of
measurement as specified in the corresponding entry in column (10), of the said
Table.
|
Table |
||||||||||
|
Sl.
No |
Tariff
item |
Description
of goods |
Specification |
Country
of origin |
Country
of Export |
Producer |
Exporter |
Amount |
Unit
of measurement |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1 |
2922
29 33 |
Paracetamol |
All
grades |
People’s
Republic of China |
People’s
Republic of China |
Any |
Any |
787 |
MT |
US
Dollar |
|
2 |
2922
29 33 |
Paracetamol |
All
grades |
People’s
Republic of China |
Any
country other than People’s Republic of China |
Any |
Any |
787 |
MT |
US
Dollar |
|
3 |
2922
29 33 |
Paracetamol |
All
grades |
Any
country other than People’s Republic of China |
People’s
Republic of China |
Any |
Any |
787 |
MT |
US
Dollar |
2. The
anti-dumping duty imposed under this notification shall be effective for a
period of five years (unless revoked, superseded or amended earlier) from the
date of publication of this notification in the Official Gazette.
2A. In
pursuance of the recommendations of the designated authority in the review initiated
vide notification No. 07/16/2018-DGAD, dated the 24th May, 2018, published in
the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th May,
2018, in the matter of continuation of anti-dumping duty on imports of
‘Paracetamol” originating in or exported from China PR, notwithstanding
anything contained in paragraph 2, this notification shall remain in force,
unless revoked, suspended or amended earlier, up to and inclusive of the 27th
October 2019 9th July 2019 24th June 2019 26th
April, 2019.
[27/12.07.2019 –
Paracetamol of Chinese Origin Anti-dumping Duty Extended till 27 October 2019
from 9 July 2019 Pending Court Orders
26/24.06.2019 – Paracetamol of Chinese Origin Anti-dumping Duty Extended till 9
July 2019 from 24 June 2019 Pending Court Orders;
22/10.06.2019 – Paracetamol Anti-dumping Duty Extended till 24 June 2019 in
Review – Supreme Court Stays High Court Order;
Paragraph 2A inserted by
Ntfn 39-Cus-ADD/20.08.2018; Omitted by 19-ADD/16.04.2019]
3. The
anti-dumping duty imposed under this notification shall be paid in Indian
currency.
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.354/93 /2001-TRU
(Pt.III)]