Notification No. 98/2008-Customs dated 27.8.2008
Anti dumping duty on Ceftriaxone Sodium Sterile (29419090)
G.S.R. (E). - Whereas in the matter of imports of Ceftriaxone Sodium Sterile
(also known as Ceftriaxone Disodium Hemiheptahydrate-Sterile) [hereinafter
referred to as the subject goods], falling under tariff item 2941 90 90 of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from, the People’s Republic of China (hereinafter referred to as the
subject country) and imported into India, the designated authority in its
preliminary findings vide notification No.14/18/2006-DGAD dated 7th November,
2007 published in the Gazette of India, Extraordinary, Part I, Section 1, dated
the 7th November, 2007, had come to the conclusion that –
(a) the subject goods had entered the Indian market from the subject country at
prices less than their normal values in the domestic market of the exporting
country;
(b) the dumping margins of the subject goods imported from the subject country
were substantial and above de minimis;
(c) the domestic industry had suffered material injury and the injury had been
caused to the domestic industry, both by volume and price effect of dumped
imports of the subject goods originating in or exported from the subject
country; and
had recommended imposition of provisional anti-dumping duty on the imports of
subject goods, originating in or exported from, the subject countries;
And whereas, on the basis of the 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. 117/2007-Customs, dated the 30th November, 2007,
published in the Gazette of India vide number G.S.R. 747(E), dated the 30th
November, 2007;
And whereas, the designated authority in its final findings vide notification
No. 14/18/2006 -DGAD, dated the 2nd July, 2008, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 3rd July, 2008, has come to
the conclusion that-
(a) the subject goods have entered the Indian market from the subject country at
prices less than their normal values in the domestic market of the exporting
country;
(b) the dumping margins of the subject goods imported from the subject country
are substantial and above de minimis; and
(c) the domestic industry has suffered material injury and the injury has been
caused to the cosmetic industry, both by volume and price effect of dumped
imports of the subject goods originating in or exported from the subject
country;
and has recommended the imposition of definitive anti-dumping duty on imports of
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, 1975 (51 of 1975), 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, the Central Government, on the basis of the aforesaid final findings of
the designated authority, hereby imposes on the 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), the specification of which is specified in column (4) of
the said Table, originating in the countries specified in the corresponding
entry in column (5), and exported from the countries specified in the
corresponding entry in column (6) and produced by the producers specified in the
corresponding entry in column (7) and exported by the exporters specified in the
corresponding entry in column (8), and imported into India, an anti-dumping duty
at the rate equal to the amount indicated in the corresponding entry in column
(9), in the currency as specified in the corresponding entry in column (11) and
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 | Specifi-cation | Country of origin | Country of Export | Producer | Exporter | Amount | Unit of measure-ment | Curre-ncy |
(1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
1 | 29419090 | Ceftriaxone Sodium Sterile | Any | People’s Republic of China | People’s Republic of China | Fujian Fukanga | Fujian Fukanga | 56.77 | Kilogram | US$ |
2 | 29419090 | Ceftriaxone Sodium Sterile | Any | People’s Republic of China | People’s Republic of China | Suzhou Dawnrays | Suzhou Dawnrays | 55.61 | Kilogram | US$ |
3 | 29419090 | Ceftriaxone Sodium Sterile | Any | People’s Republic of China | People’s Republic of China | Hebei Zhungrun | Hebei Zhungrun | 55.76 | Kilogram | US$ |
4 | 29419090 | Ceftriaxone Sodium Sterile | Any | People’s Republic of China | People’s Republic of China | Zhuhai United | Zhuhai United | 57.98 | Kilogram | US$ |
5 | 29419090 | Ceftriaxone Sodium Sterile | Any | People’s Republic of China | People’s Republic of China | Livzon Synthpharm | Lizhu Trading | 55.64 | Kilogram | US$ |
6 | 29419090 | Ceftriaxone Sodium Sterile | Any | People’s Republic of China | People’s Republic of China | Any combination other than the above | 77.35 | Kilogram | US$ | |
7 | 29419090 | Ceftriaxone Sodium Sterile | Any | People’s Republic of China | Any other than People’s Republic of China | Any | Any | 77.35 | Kilogram | US$ |
8 | 29419090 | Ceftriaxone Sodium Sterile | Any | Any other than People’s Republic of China | People’s Republic of China | Any | Any | 77.35 | Kilogram | US$ |
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, that
is, the 30th November, 2007, and shall be payable 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.354/166/2007 –TRU]
(G. G. Pai)
Under secretary to the Government of India
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