[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. 21/2017-Customs (ADD)
New Delhi, the 16th May, 2017
G.S.R. (E).– Whereas, in the matter of ‘Amoxycillin’ also known as ‘Amoxycillin Trihydrate’ (hereinafter referred to as the subject goods) falling under Tariff Item 2941 10 30 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 China PR (hereinafter referred to as subject countries), and imported into India, the Designated Authority in its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification number 14/05/2015-DGAD dated the 03rd April, 2017, has come to the conclusion that –
(i) the presence of dumped imports in the country is suppressing the prices of the domestic industry;
(ii) imports are undercutting the prices of the domestic industry and that the price undercutting has led to significant increase in market share of imports and decline in market share of the Indian industry;
(iii) material injury to the domestic industry has been caused by dumped imports;
and has recommended imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from the subject countries and imported into India, 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, 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 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 tariff item 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), and 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), in the unit of measure as specified in the corresponding entry in column (9) of the said Table, namely:-
Table
|
Sl No.
|
Heading / Sub-Heading
|
Description of goods*
|
Country of Origin
|
Country of Export
|
Producer
|
Exporter
|
Duty Amount
|
Unit of measure
|
Currency
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
|
1.
|
2941 10 30
|
Amoxicillin
|
China
PR
|
China
PR
|
North China Pharmaceutical Group Semisyntech Co. Ltd. (Semisyntech)
|
North China
Pharmaceutical Co. Ltd.
(NCPC)
|
4.03
|
KG
|
US$
|
|
2.
|
2941 10 30
|
Amoxicillin
|
China
PR
|
China
PR
|
Inner
Mongolia
Changsheng
Pharmaceutical
Co. Ltd.
(Changsheng)
|
Inner
Mongolia
Changsheng
Pharmaceutical
Co. Ltd.
(Changsheng)
|
3.00
|
KG
|
US$
|
|
3.
|
2941 10 30
|
Amoxicillin
|
China
PR
|
China
PR
|
Zhuhai United
Laboratories
Co Ltd
|
Zhuhai United
Laboratories Co. Ltd
United Laboratories Trading Co
Team Crown Trading Company
United
Laboratories
Inner Mangolia
|
2.83
|
KG
|
US$
|
|
United Laboratories
Inner Mangolia
|
|
4.
|
2941 10 30
|
Amoxicillin
|
China
PR
|
China
PR
|
Any combination other than S. No. 1 to 3
|
8.71
|
KG
|
US$
|
|
5.
|
2941 10 30
|
Amoxicillin
|
China
PR
|
Any country other than China PR
|
Any
|
Any
|
8.71
|
KG
|
US$
|
|
6.
|
2941 10 30
|
Amoxicillin
|
Any country other than China PR
|
China
PR
|
Any
|
Any
|
8.71
|
KG
|
US$
|
* The following types of products are excluded from the scope of the subject goods:
(i) Amoxycillin Sodium Sterile and Flucloxacillin Sodium Sterile;
(ii) Amoxicillin Trihydrate Compacted Ampicillin Trihydrate Compacted;
(iii) Amoxicillin Trihydrate and Clavulanate Potassium.
2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette and shall be paid in Indian currency.
Explanation.- For the purposes of this notification, rate of exchange applicable for the purpose 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. 354/78/2017-TRU]
(Mohit Tiwari)
Under Secretary to the Government of India