Notification no 27/2019 Customs (Anti-Dumping Duty) date on 12th July, 2019 

 

Seeks to extend levy of anti-dumping duty till 27.10.2019, on imports of " Paracetamol" originating in or exported from china PR, extended vide notification No. 39/2018 Customs (ADD), dated the 20th August, 2018, in pursuance of order of Hon'ble High Court of Gujarat in the matter of SCA 5278/2019. 

 The extract of CUSTOMS (ADD) Notification No. 27/2019- CUSTOMS is given below: 

   Notification No. 27/2019-CUSTOMS (anti-dumping duty)

 

[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. 27/2019-Customs (ADD) 

 

New Delhi, the 12th July, 2019

 

G.S.R.                  (E). – Whereas, the Central Government, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), (hereinafter referred to as the Customs Tariff Act), 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, levied anti-dumping duty on imports of ‘Paracetamol’ (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 China PR (hereinafter referred to as the subject country), vide notification No. 26/2013-Customs (ADD), dated the 28^th October, 2013, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 710(E), dated the 28^th October, 2013 for a period of five years from the date of publication in the Official Gazette;

 

And whereas, the designated authority, vide notification No. 7/16/2018-DGAD, dated the 25^th April, 2018, published in the Gazette of India, Extraordinary, Part I, Section 1, initiated a review in the matter of continuation of anti-dumping duty and recommended the extension of the anti-dumping duty on the subject goods for a period of six months;

 

And whereas, on the basis of the recommendations of the designated authority, the Central Government had extended the anti-dumping duty on the subject goods, originating in or exported from the subject country up to and inclusive of the 26^th April, 2019 vide notification No.39/2018-Customs (ADD), dated the 20^th August, 2018, published in the Gazette of India, Extraordinary Part II, Section 3, Sub-section (i), vide number G.S.R 786(E), dated the 20^th August, 2018 amending aforesaid notification No. 26/2013-Customs (ADD), dated the 28th October, 2013;

 

And whereas, the designated authority in its final findings dated 29^th January, 2019, published vide notification No. 7/16/2018-DGAD, dated the 29th January, 2019, in the Gazette of India, Extraordinary, Part I, Section 1, regarding the review of anti-dumping duty on the subject goods originating in or exported from the subject country, recommended termination of the anti-dumping duty on the import of subject goods;

And whereas on the basis of these final findings, the Central Government, vide notification No.19/2019-Customs (ADD), dated the 16^th April, 2019, published in the Gazette of India, Extraordinary Part II, Section 3, Sub-section (i), vide number G.S.R 309 (E), dated the 16th April, 2019, rescinded the aforesaid notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 39/2018-Customs (ADD), dated the 20^th August, 2018 to terminate the levy of anti-dumping duty on the subject goods as per the said final findings of the designated authority;

 

And whereas the Hon’ble High Court of Gujarat in the matter of SCA No. 5278/2019 vide order dated 24^th April, 2019, directed to extend the aforesaid notification No. 39/2018-Customs (ADD), dated the 20^th August, 2018 till 24^th June, 2019, and on being informed that the said notification No. 39/2018-Customs (ADD), dated 20^th August, 2018 had already been rescinded vide notification No. 19/2019-Customs (ADD) dated the 16^th April, 2019, the Hon’ble High Court suspended notification No. 19/2019-Customs (ADD) dated the 16^th April, 2019, till final disposal of the main petition;

 

And whereas the Hon’ble High Court of Gujarat in the matter of SCA No. 5278/2019 vide order dated the 9^th May, 2019, again directed that the notification No. 39/2018-Customs (ADD), dated the 20^th August, 2018 be extended for a further period up to 24^th June, 2019;

 

And whereas the Central Government has challenged the aforesaid order vide Special Leave Petition No. 13302-13304/2019 in the Hon’ble Supreme Court; 

 

And whereas the Central Government has extended notification No. 39/2018-Customs (ADD), dated the 20^th August 2018 vide notification No. 22/2019-Customs (ADD), dated the 10^th June, 2019 [G.S.R. 415 (E), dated the 10^th June, 2019], in pursuance of order of Hon’ble High Court of Gujarat dated the 9^th May, 2019;

 

And whereas the Hon’ble High Court of Gujarat in the matter of SCA No. 5278/2019 vide order dated 20^th June, 2019, again directed that the notification No. 39/2018-Customs (ADD), dated the 20^th August, 2018 be further extended up to and inclusive of 09^th July, 2019;