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15
th
June, 2006
Notification No. 61/2006 - Customs
Whereas the designated authority vide notification No. 15/9/2003-DGAD, dated the 8
th
April, 2005, published in Part I,
Section 1 of the Gazette of India, Extraordinary, had initiated review in the matter of continuation of final anti-dumping duty on
import of Metronidazole (hereinafter referred to as the subject goods) originating in, or exported from, the Peoples' Republic of
China (hereinafter referred to as the subject country) imposed vide notification No. 115/2000-Customs, dated the 31
st
August,
2000, G.S.R. 698(E), dated the 31
st
August, 2000, and had requested for suitable extension of anti-dumping duty pending the
results of the review investigations;
And whereas, the Central Government has extended the anti-dumping duty imposed on the subject goods originating in, or
exported from the subject country vide notification No. 54/2005-Customs dated the 14
th
June, 2005, G.S.R. 392(E), dated the
14
th
June, 2005, up to and inclusive of 15
th
April, 2006;
And whereas, the designated authority vide notification No. 15/9/2003-DGAD dated 5
th
April, 2006, published in the Gazette
of India, Extraordinary, Part I, Section 1, dated the 5
th
April, 2006, has concluded that -
(a) the subject goods originating in, or exported from, the subject country have been exported to India below their normal
value, resulting in dumping;
(b) the domestic industry has suffered material injury due to dumped imports;
(c) and discontinuation of anti-dumping duties on the subject goods from subject country may likely to continue or lead to the
recurrence of injury to the domestic industry and dumping,
and has recommended imposition of anti-dumping duty on the subject goods originating in, or exported from, the subject
country in order to remove injury to the domestic industry.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975
(51 of 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, after considering the aforesaid
findings of the designated authority, hereby imposes on the subject 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), the specification of which is specified in column (4) of the said Table, originating in the country as specified
in the corresponding entry in column (5), and exported from the countries as specified in the corresponding entry in column (6)
and produced by the producers as specified in the corresponding entry in column (7) and exported by the exporters as
specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty which shall be equal to the
difference between the reference price as indicated in column (9) and the landed value, in the currency as specified in the
corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the
said Table.
Table
Sl.No.
tariff
item
Description of
goods
Specifi-
cation
Country of origin
Country of
export
ProducerExporter
Reference
price
Unit of
measurement
Currency
(1)(2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
1
2933
29 20
Metronidazole -
People's Republic
of China
Any
Country
Any
Producer
Any
Exporter
9.94 Kilogram
US
Dollar
2. The anti-dumping duty imposed under this notification 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, 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 .
F.No.354/17 /2000-TRU (Pt.-II)