Seeks to levy definitive anti-dumping duty on imports of diclofenac sodium, originating in or exported from People's Republic of China, for a period of five years. - 44/2014 - Anti Dumping Duty

[TO BE PUBLISHED IN PART II, SECTION 3, SUB-SECTION (i) OF THE GAZETTE OF INDIA, EXTRAORDINARY] GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No. 44/2014-Customs (ADD) New Delhi, the 21st November, 2014 G.S.R. (E). Whereas, the designated authority, vide notification No. 15/3/2013-DGAD, dated the 9th April, 2013, published in the Gazette of India, Extraordinary, Part I, Section 1, had initiated a review in the matter of continuation of anti-dumping duty on imports of Diclofenac Sodium (hereinafter referred to as the subject goods) falling under heading 2942 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 the 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. 91/2008-Customs, dated the 30th July, 2008, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 565(E), dated the 30th July, 2008; 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 9th April, 2014 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 31/2013-Customs (ADD), dated the 13th November, 2013, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary vide number G.S.R 736(E), dated the 13th November, 2013; 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 in its final findings, published vide notification No. 15/3/2013-DGAD, dated the 2nd October, 2014, in Part I, Section 1 of the Gazette of India, Extraordinary, has come to the conclusion that- (i) there is continued dumping of the subject goods from the subject country; (ii) dumping of the product under consideration is likely to intensify from the subject country should the current anti-dumping duty be withdrawn; (iii) the dumping and injury is likely to continue if the anti dumping duty is revoked, and has recommended imposition of the anti-dumping duty on the subject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 heading of the First Schedule to the 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), 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, an 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 as per unit of measurement as specified in the corresponding entry in column (9) of the said Table, namely:- Table Sl. No Heading Description of goods Country of origin Country of export Producer Exporter Duty amount Unit Currency (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 1 2942 Diclofenac Sodium People s Republic of China Any Any Any 2715 MT US Dollar 2 2942 Diclofenac Sodium Any country other than People s Republic of China People s Republic of China Any Any 2715 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 and 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. 354/21/2008-TRU (Pt.-I)] (Akshay Joshi) Under Secretary to the Government of India