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2023 (9) TMI 1295

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..... findings dated 3rd April, 2017 recommending anti-dumping duty on the import of Amoxicillin Trihydrate from China PR in para 5, 6 7 thereof - In the light of said clarification, hold that the product in question is not covered under the notification vide which the anti-dumping duty was imposed upon another product called Amoxicilin Trihydrate . The impugned clarification was not available to the adjudicating authority below but in the light of said clarification duly conceded by the department, it is held that anti-dumping duty as has been levied on Amoxicillin Sodium with Clavulanate Potassium, the product imported by the appellant is not sustainable - Appeal allowed. - DR. RACHNA GUPTA, MEMBER (JUDICIAL) AND MS. HEMAMBIKA R. PR .....

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..... specifically clarifies that the product in Column No. 3 of the said notification No. 21/2017 is Amoxicillin also known as Amoxcycillin Trihydrate. It is impressed upon that in the light of said clarification it is not necessary any more to be adjudicated as to whether the tariff entry applicable to the product in question is CTH 30 or CTH 29. The letter of clarification has come after the order under challenge. The appeal is prayed to be disposed of in terms of the said clarification. 5. Learned Departmental Representative has also placed on record a communication dated 17th July 2023 in compliance of the directions given vide the order of earlier date of hearing acknowledging the said letter dated 22.11.2019. Thus has prayed of dispos .....

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..... matter has been examined and this office is of the view that product under consideration in this final finding is Amoxycillin , also known as Amoxycillin Trihydrate, and anti-dumping duty has been imposed on this product as indicated in column no. 3 of the Duty table. The product i.e. Amoxicillin Sodium with Clavulanate Potassium (Blend Sterile) (5:1) is not covered under the scope of product under consideration. 7. In the light of said clarification, hold that the product in question is not covered under the notification vide which the anti-dumping duty was imposed upon another product called Amoxicilin Trihydrate . 8. Though, the impugned clarification was not available to the adjudicating authority below but in the light of .....

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