Eximkey - India Export Import Policy 2004 2013 Exim Policy
(Continued imposition of definitive anti-dumping duty on all imports of Analgin from China PR vide CUS NTF NO. 55/2005 DATE 17/06/2005)

(This Notification has been rescinded vide Cus Ntf No.102/2001 Date 8/10/2001)

Notification No.38/2001-Customs Dated 9th April, 2001


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 has come to the conclusion that -

  1. 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;

  2. the domestic industry has suffered material injury;

  3. the injury has been caused cumulatively by the imports from the subject countries;

Now, therefore, in exercise of powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rule 13 and rule 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 findings of the designated authority, hereby imposes on Analgin, falling under Chapter 29 of the First Schedule to the said Customs Tariff Act, originating in, or exported from the countries specified in column (2) of the Table annexed hereto, and imported into India, an anti-dumping duty at the rate which is to be calculated as the difference between the amount specified in column (3) of the said Table and the landed value of such Analgin per kilogramme.

Table

S.No. Name of the country Amount (US $ per kilogramme)
(1) (2) (3)
1 People’s Republic of China 9.778
2 Taiwan 9.875


2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 8 th day of October, 2001, and shall be payable 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, 9 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.

(G.D.LOHANI)
UNDER SECRETARY TO THE GOVERNMENT OF INDIA

F.No.354/32/2001-TRU

(Final anti-dumping duty on import of Analgin vide
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