CUSTOMS NOTIFICATION No.101/2001
Dated 8th October, 2001
Final Anti Dumping duty on Analgin
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, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 7th March, 2001 had come to
the conclusion that -
(a) Analgin originating in, or exported from, the People's Republic of China and
Taiwan, have 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 G.S.R.251(E), dated the 9th April, 2001;
AND WHEREAS the designated authority vide its final findings published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 12th September,
2001 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 & 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;
Now, therefore, in exercise of powers conferred by sub-section (1) 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, the Central Government,
on the basis of the aforesaid final findings of the designated authority, hereby
imposes on 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 countries specified in column (1) of the
Table annexed hereto, and imported into India, by the exporters specified in the
corresponding entry in column (2) of the said Table, an anti-dumping duty at the
rate specified in the corresponding entry in column (3) of the said Table.
TABLE
Name of the country |
Name of the Exporter |
Amount (US $/Kg) |
(1) |
(2) |
(3) |
People’s Republic of China |
All Exporters |
2.592 |
Taiwan |
All Exporters |
2.860 |
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 9th April, 2001 and be paid in Indian currency.
Explanation.- For the purposes of this notification, the 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 under sub-clause (i) of clause (a) of sub-section (3) of
section 14 of the said Customs Act, 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.
Sd/-
(G.D.Lohani)
Under Secretary to the Government of India
CUSTOMS NOTIFICATION No.102/2001 Dated 8th October,
2001
Provisional Anti dumping duty withdrawn on levy of final Anti Dumping duty
In exercise of the powers conferred by sub-section (2) of section 9A of the
Customs Tariff Act, 1975 (51 of 1975) read with rule 13 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
hereby rescinds the 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 the Gazette of India, Extraordinary, Part II, Section 3, Sub-section(i)
vide G.S.R. No.251(E), dated the 9thApril, 2001, except as respects things done
or omitted to be done before such rescission.
Sd/-
(G.D.Lohani)
Under Secretary to the Government of India