GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

NOTIFICATION No. 115/2000-CUSTOMS,dated the 31st August, 2000


WHEREAS in the matter of import of Metronidazole, falling under sub-heading No. 2933.29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 21st February, 2000 had come to the conclusion that -

(a) Metronidazole, originating in, or exported from, the People’s Republic of China, has been exported to India below normal value, resulting in dumping;

(b) the Indian industry has suffered material injury;

(c ) the injury has been caused by the dumped imports 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 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 44/2000–Customs, dated the 17th April, 2000, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 17th April, 2000 vide G.S.R. No. 39(E), dated the 17th April, 2000;

AND WHEREAS the Designated Authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14th July, 2000 has come to the conclusion that -

(a) Metronidazole, originating in, or exported from, People’s Republic of China, has been exported to India at a price below the normal value, thereby resulting in dumping;

(b) the domestic industry has suffered material injury;

(c ) the injury has been caused to domestic industry by dumping of the subject goods originating in, or exported from, the People’s Republic of China;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-section (5) of the said section 9A and 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 Metronidazole, falling under sub-heading No. 2933.29 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the People’s Republic of China, and imported into India, an anti-dumping duty at the rate which is to be calculated as the difference between the US dollar 12.27 per Kilogramme and the landed value of such imported Metronidazole per Kilogramme.

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 17th April, 2000; and be paid in Indian currency .

Explanation - For the purposes of this notification, -

(a) "landed value" means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of Customs except duties levied under sections 3, 3A, 8B and 9A of the said Customs Tariff Act.

(b) "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.

(PRASHANT KUMAR SINHA)

UNDER SECRETARY TO THE GOVERNMENT OF INDIA

F.No.354/17/2000-TRU (Pt-II)

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