[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,
SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
Notification
No.9/2017-Customs (ADD)
New Delhi, the 24
th
March, 2017
G.S.R. (E).- Whereas, in the matter of review of anti-dumping duty on import of
Diclofenac Sodium, falling under the heading 2942 of the First Schedule to the Customs Tariff
Act, 1975 (51 of 1975) [hereinafter referred to as the Customs Tariff Act], originating in or
exported from People’s Republic of China (hereinafter referred to as the subject country), the
designated authority, vide its final findings in notification No.15/3/2013-DGAD, dated the 2
nd
October, 2014, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7
th
October, 2014, had recommended imposition of the anti-dumping duty on Diclofenac Sodium,
originating in or exported 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 on Diclofenac Sodium originating in or exported
from the subject country, vide, notification of the Government of India in the Ministry of Finance
(Department of Revenue), No.44/2014-Customs (ADD), dated the 21
st
November, 2014,
published vide number G.S.R. 834(E) in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-Section (i), dated the 21
st
November, 2014;
And whereas, the designated authority, vide notification No.14/22/2014-DGAD, dated the
17
th
February, 2016, in the matter of circumvention of the anti-dumping duty imposed on imports
of Diclofenac Sodium, had initiated an investigation to determine the need for extending anti-
dumping duty imposed on the imports of Diclofenac Sodium originating in or exported from the
subject country, vide, notification of the Government of India in the Ministry of Finance
(Department of Revenue), No.44/2014-Customs (ADD), dated the 21
st
November, 2014, to the
imports of Indolinone (hereinafter referred to as the subject goods) falling under Chapter 29 of
the First Schedule to the Customs Tariff Act, originating in or exported from the subject country.
And whereas, the designated authority in its final findings, published vide notification
No.14/22/2014-DGAD, dated the 15
th
February, 2017, in the Gazette of India, Extraordinary, Part
I, Section 1, has come to the conclusion that-
(i) imports of circumventing product (Indolinone) increased significantly and those of
circumvented product (Diclofenac Sodium) declined after imposition of the anti-dumping
measure on Diclofenac Sodium.
(ii) the value addition in converting Indolinone to Diclofenac Sodium is less than the
prescribed threshold.
(iii) indolinone has been exported at dumped prices during the Period of Investigation.
and has recommended imposition of existing anti-dumping duty imposed on the imports of
Diclofenac Sodium originating in or exported from the subject country, vide, notification of the
Government of India in the Ministry of Finance (Department of Revenue), No.44/2014-Customs
(ADD), dated the 21
st
November, 2014, on the subject goods, originating in or exported from the
subject country;
Now, therefore, in exercise of the powers conferred by sub-sections (1), (1A) and (5) of
section 9A of the Customs Tariff Act, read with rule 27 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 final 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 the tariff items of the First Schedule to the
Customs Tariff Act as specified in the corresponding entry in column (2), originating in the
countries as specified in the corresponding entry in column (4), exported from the countries as
specified in the corresponding entry in column (5), produced by the producers as specified in the
corresponding entry in column (6), exported by the exporters as 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 as per unit of measurement as specified in the
corresponding entry in column (9) of the said Table, namely:-
Table
S.
No
Tariff Item Description
of goods
Country
of origin
Country
of export
Producer Exporter Amou
nt
Unit of
measure
ment
Curren
cy
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
1. 2908 19 00, 2914 29 90,
2914 70 90, 2921 44 90,
2922 49 90, 2933 39 90,
2933 79 00, 2933 99 00,
2942 00 90
Indolinone People’s
Republic
of China
Any Any Any 2715 Metric
Tonne
US
Dollar
2. 2908 19 00, 2914 29 90,
2914 70 90, 2921 44 90,
2922 49 90, 2933 39 90,
2933 79 00, 2933 99 00,
2942 00 90
Indolinone Any
country
other
than
People’s
Republic
of China
People’s
Republic
of China
Any Any 2715 Metric
Tonne
US
Dollar
2. This notification shall remain in force upto and inclusive of the 20
th
November, 2019,
unless revoked earlier, and the anti-dumping duty shall be paid in Indian currency.
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.
[F.No.354/21/2008-TRU (Pt.-II)]
(Anurag Sehgal)
Under Secretary to the Government of India
