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3rd September, 2002
Notification No. 89/2002-Customs
WHEREAS in the matter of import of Trimethoprim falling under sub-heading 2933.59 of the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975), originating in, or exported from, People's Republic of China, the designated authority vide its
preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th September, 2001, had
come to the conclusion that -
(a)
Trimethoprim, originating in, or exported from, People's Republic of China had been exported to India below normal value,
resulting in dumping;
(b)the domestic industry had suffered injury;
(c)the injury had been caused by the imports from People's Republic of China;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an
anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 3/2002-
Customs, dated the 9th January, 2002, [G.S.R. 15(E), dated the 9th January, 2002], published in Part II, Section 3, Sub-section
(i) of the Gazette of India, Extraordinary, dated the 9th January, 2002;
AND WHEREAS the designated authority, vide its final findings published in the Gazette of India, Extraordinary, Part I, Section
1, dated the 15th July, 2002 has come to the conclusion that -
(a)
Trimethoprim, originating in, or exported from, People's Republic of China has been exported to India below normal value,
resulting in dumping;
(b)the domestic industry has suffered material injury;
(c)the material injury has been caused by the imports from People's Republic of China;
AND WHEREAS the designated authority has recommended, in the said findings, the imposition of definitive anti-dumping
duty on all imports of the said Trimethoprim;
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, and 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, on the basis of the aforesaid final
findings of the designated authority, hereby imposes on all imports of Trimethoprim, falling under sub-heading 2933.59 of the
First Schedule to the said Customs Tariff Act, originating in, or exported from, the country specified in column (2) of the Table
below, and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount
specified in column(3) of the said Table and the landed value, in US $ per kilogram, of such imported Trimethoprim.
Table
S.NoName of the Country
Amount
(US$ per kilogramme)
(1) (2) (3)
1People's Republic of China 19.71
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the
provisional anti-dumping duty, i.e. the 9th January, 2002, and shall be paid 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; and
(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 and Company Affairs (Department of Revenue), issued
from time to time, in exercise of the powers conferred by 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.
Aman Kumar Singh
Under Secretary to the Government of India
F.No.354/187/2001-TRU