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Untitled Document

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
CENTRAL BOARD OF EXCISE AND CUSTOMS
NEW DELHI

NOTIFICATION NO

10/2017-Customs (ADD); Dated: March 24, 2017

Whereas, in the matter of import of 1,1,1,2-Tetrafluoroethane or R-134a (hereinafter referred to as the subject goods), falling under the tariff item 2903 39 19 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from People's Republic of China (hereinafter referred to as the subject country), the designated authority, vide its final findings in notification No.15/23/2014-DGAD, dated the 30th May, 2016, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 30th May, 2016, had come to the conclusion that -

(i) there was continued dumping of the subject goods from the subject country;

(ii) imports were significantly undercutting the prices of the domestic industry and were depressing the domestic prices;

(iii) the financial performance of the domestic industry had deteriorated and the dumped imports from the subject country continued to cause injury to the domestic industry;

(iv) dumping of the subject goods from the subject country was likely to continue if the current anti-dumping duty ceased,

and had recommended continued imposition of definitive anti-dumping duty on imports of the subject goods originating in, or exported from, the subject country.

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods, vide, notification of the Government of India in the Ministry of Finance (Department of Revenue), No.30/2016-Customs (ADD), dated the 11th July, 2016, published vide number G.S.R. 675(E) in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i), dated the 11th July, 2016;

And whereas, M/s. Zhejiang Sanmei Chemical Ind. Co., Ltd., People's Republic of China (Producer or Exporter), M/s Zhejiang Sanmei Chemical Products Co., Ltd, People's Republic of China (Exporter) and M/s Jiangsu Sanmei Chemical Ind. Co., Ltd, People's Republic of China (Producer) have requested for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in respect of exports of the subject goods made by them, and the designated authority, vide new shipper review notification No.15/22/2016-DGAD, dated 27th February, 2017, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th February, 2017, has recommended provisional assessment of all exports of the subject goods made by the above stated parties till the completion of the review by it;

Now therefore, in exercise of the powers conferred by sub-rule (2) of rule 22 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 recommendation of the designated authority, hereby orders that pending the outcome of the said review by the designated authority, the subject goods, when originating in or exported from the subject country by M/s. Zhejiang Sanmei Chemical Ind. Co., Ltd., People's Republic of China (Producer or Exporter), M/s Zhejiang Sanmei Chemical Products Co., Ltd, People's Republic of China (Exporter) and M/s Jiangsu Sanmei Chemical Ind. Co., Ltd, People's Republic of China (Producer) and imported into India, shall be subjected to provisional assessment till the review is completed.

2. The provisional assessment may be subject to such security or guarantee as the proper officer of customs deems fit for payment of the deficiency, if any, in case a definitive anti- dumping duty is imposed retrospectively, on completion of investigation by the designated authority.

3. In case of recommendation of anti-dumping duty after completion of the said review by the designated authority, the importer shall be liable to pay the amount of such anti-dumping duty recommended on review and imposed on all imports of subject goods when originating in or exported from the subject country by M/s. Zhejiang Sanmei Chemical Ind. Co., Ltd., People's Republic of China (Producer or Exporter), M/s Zhejiang Sanmei Chemical Products Co., Ltd, People's Republic of China (Exporter) and M/s Jiangsu Sanmei Chemical Ind. Co., Ltd, People's Republic of China (Producer) and imported into India, from the date of initiation of the said review.

[F.No.354/24/2010-TRU (Pt.-3)]

(Anurag Sehgal)
Under Secretary to the Govt of India

 

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
CENTRAL BOARD OF EXCISE AND CUSTOMS
NEW DELHI

NOTIFICATION NO

9/2017-Customs (ADD); Dated: March 24, 2017

Whereas, in the matter of review of anti-dumping duty on import of Diclofenac Sodium, falling under the 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 People’s Republic of China (hereinafter referred to as the subject country), the designated authority, vide its final findings in notification No.15/3/2013-DGAD, dated the 2nd October, 2014, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th October, 2014, had recommended imposition of the anti-dumping duty on Diclofenac Sodium, originating in or exported from the subject country.

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Diclofenac Sodium originating in or exported from the subject country, vide, notification of the Government of India in the Ministry of Finance (Department of Revenue), No.44/2014-Customs (ADD), dated the 21st November, 2014, published vide number G.S.R. 834(E) in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i), dated the 21st November, 2014;

And whereas, the designated authority, vide notification No.14/22/2014-DGAD, dated the 17th February, 2016, in the matter of circumvention of the anti-dumping duty imposed on imports of Diclofenac Sodium, had initiated an investigation to determine the need for extending anti-dumping duty imposed on the imports of Diclofenac Sodium originating in or exported from the subject country, vide, notification of the Government of India in the Ministry of Finance (Department of Revenue), No.44/2014-Customs (ADD), dated the 21st November, 2014, to the imports of Indolinone (hereinafter referred to as the subject goods) falling under Chapter 29 of the First Schedule to the Customs Tariff Act, originating in or exported from the subject country.

And whereas, the designated authority in its final findings, published vide notification No.14/22/2014-DGAD, dated the 15th February, 2017, in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that-

(i) imports of circumventing product (Indolinone) increased significantly and those of circumvented product (Diclofenac Sodium) declined after imposition of the anti-dumping measure on Diclofenac Sodium.

(ii) the value addition in converting Indolinone to Diclofenac Sodium is less than the prescribed threshold.

(iii) indolinone has been exported at dumped prices during the Period of Investigation.

and has recommended imposition of existing anti-dumping duty imposed on the imports of Diclofenac Sodium originating in or exported from the subject country, vide, notification of the Government of India in the Ministry of Finance (Department of Revenue), No.44/2014-Customs (ADD)), dated the 21st November, 2014, on the subject goods, originating in or exported from the subject country;

Now, therefore, in exercise of the powers conferred by sub-sections (1), (1A) and (5) of section 9A of the Customs Tariff Act, read with rule 27 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 the tariff items 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

S. No

Tariff Item

Description of goods

Country of origin

Country of export

Producer

Exporter

Amount

Unit of measurement

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

1.

2908 19 00, 2914 29 90, 2914 70 90, 2921 44 90, 2922 49 90, 2933 39 90, 2933 79 00, 2933 99 00, 2942 00 90

Indolinone

People's Republic of China

Any

Any

Any

2715

Metric Tonne

US Dollar

2.

2908 19 00, 2914 29 90, 2914 70 90, 2921 44 90, 2922 49 90, 2933 39 90, 2933 79 00, 2933 99 00, 2942 00 90

Indolinone

Any country other than People's Republic of China

People's Republic of China

Any

Any

2715

Metric Tonne

US Dollar

2. This notification shall remain in force upto and inclusive of the 20th November, 2019, unless revoked earlier, and the anti-dumping duty 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.-II)]

(Anurag Sehgal)
Under Secretary to the Govt of India