Cus Ntf No.9/1999 Date 29/12/1999

Anti-Dumping On Lovastatin Exports - PR Of China
GSR (E) - WHEREAS in the matter of import of Lovastatin falling under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from the Peoples Republic of China, the Designated Authority vide its preliminary findings, published in the Gazette of India Extraordinary dated the 23rd September, 1998 had come to the conclusion that :-

(a) Lovastatin originating in, or exported from, the Peoples Republic of China, had been exported to India below normal value, resulting in dumping;

(b) the Indian industry has suffered material injury;

(c) the injury has been caused cumulatively by the exports from the subject country.

AND WHEREAS on the basis of aforesaid findings of the Designated Authority, the Central Government has imposed anti-dumping duty vide notifications No. 93/98-Customs dated the 24th November, 1998

[G. S. R. 698 (E), dated 24th November, 1998], published in Part II, section 3, sub-section (i) of the Gazette of India Extraordinary, dated the 24th November (hereinafter referred to as the provisional duty);

AND WHEREAS the Designated Authority vide its final findings, published in the Gazette of India Extraordinary, Part 1, Section 1, dated the 18th December, 1998 has concluded that -

(a) Lovastatin originating in, or exported from, the Peoples Republic of China, had been exported to India below normal value, resulting in dumping;

(b) the Indian industry has suffered material injury;

(c) the injury has been caused to the domestic industry by dumping of the subject goods originating in or exported from China PR

Now, therefore, in exercise of the 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 after considering the aforesaid findings of the Designated Authority, hereby imposes on Lovastatin, falling under Chapter 29 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the Peoples Republic of China and imported into India, an anti-dumping duty at the rate which is equivalent to the difference between Rs. 191869 (Rupees one lakh ninety one thousand eight hundred and sixty nine only ) per Kg and the landed value of Lovastatin per kg.

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of provisional duty, i.e. 24th November, 1998.

Explanation :-
For the purposes of this notification, "landed value" means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties of customs levied under sections 3 3a 8b 9 or section 9a, as the case may be, of the said Customs Tariff Act.

(Srinivas Tata )
Under Secretary to the Government of India

F. No. 354/119/98-TRU

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