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THE CUSTOMS TARIFF ACT 1975 (Notification)
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Notification No.40 /2012-Customs (ADD), F.No.354/17/2000-TRU (Pt.III), Dated, 30th August, 2012

Whereas, the designated authority vide notification No. 15/18/2010-DGAD, dated the 30th May,2011, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 30th May,2011, had initiated review in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act) and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said rules), in the matter of continuation of anti-dumping duty on imports of Metronidazole, falling under tariff item 29332920 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, People's Republic of China, imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue),No. 61/2006-Customs, dated the 15th June, 2006, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.368 (E), dated the 15th June, 2006, and had recommended extension of the anti-dumping duty vide notification No. 15/18/2010-DGAD, dated the 29th June,2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29th June,2012.

Now, therefore, in exercise of the powers conferred by sub-section (1) read with sub-section (5) of section 9A of the said Customs Tariff Act, 1975 read with rules 18 and 23 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 anti- dumping duty on the goods, the description of which is specified in column (3) of the Table below, falling under tariff item of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2),originating in the country specified in the corresponding entry in column (4), and exported from the country specified in the corresponding entry in column (5) and produced by the producer specified in the corresponding entry in column (6) and exported by the exporter 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 per unit of measurement as specified in the corresponding entry in column (9) of the said Table:-

Table

Sl. No Tariff item Description of goods Country of origin Country of Exports Producer Exporter Amount Unit of measurement Currency
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
1. 29332920 Metronidazole People's Republic of China People's Republic of China M/s Hubei Hongyuan Pharmaceutical Technology Co., Ltd M/s Hubei Hongyuan Pharmaceutical Technology Co., Ltd 1.49 Kg US dollar
2. 29332920 Metronidazole People's Republic of China People's Republic of China Any Any 2.57 Kg US dollar
3. 29332920 Metronidazole People's Republic of China Any Any Any 2.57 Kg US dollar
4. 29332920 Metronidazole Any People's Republic of China Any Any 2.57 Kg US dollar

2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, amended and superseded earlier) from the publication of this notification in the Official Gazette and shall be payable in Indian currency.

3. Notwithstanding anything contained in paragraph 2, this notification, unless revoked earlier, shall remain in force till the conclusion of the sunset review investigations initiated by the Designated Authority vide initiation notification No.7/6/2017-DGAD dated the 29th August, 2017, published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 29th August, 2017, or upto and inclusive of the 28th day of August, 2018, whichever is earlier.

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.

(Raj Kumar Digvijay)

Under Secretary to the Government of India.