Eximkey - India Export Import Policy 2004 2013 Exim Policy
Cus Ntf No.101/2001 Date 8/10/2001

Final anti-dumping duty on import of Analgin, falling under Chapter 29

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 No. 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.

G.D.Lohanil
Under Secretary to the Government of India


F.No.354/32/2001-TRU

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