[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 28th 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 28th 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 25th 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
26th April, 2019 vide notification No.39/2018-Customs (ADD), dated the 20th
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 20th 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 29th 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 16th 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 20th 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 24th April, 2019, directed to extend the aforesaid
notification No. 39/2018-Customs (ADD), dated the 20th August, 2018 till 24th
June, 2019, and on being informed that the said notification No. 39/2018-
Customs (ADD), dated 20th August, 2018 had already been rescinded vide
notification No. 19/2019- Customs (ADD) dated the 16th April, 2019, the Hon’ble
High Court suspended notification No. 19/2019- Customs (ADD) dated the 16th
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 20th August, 2018 be extended for a further
period up to 24th 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 20th August 2018 vide notification No. 22/2019-Customs (ADD),
dated the 10th June, 2019 [G.S.R. 415 (E), dated the 10th 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 20th June, 2019, again directed that the notification No.
39/2018-Customs (ADD), dated the 20th August, 2018 be further extended up to
and inclusive of 09th July, 2019;
And
whereas the Central Government has extended notification No. 39/2018-Customs
(ADD), dated the 20 th August 2018 vide notification No. 26/2019-Customs (ADD)
dated the 24th June, 2019 [G.S.R. 450 (E), dated the 24th June, 2019], up to
and inclusive of 9th July, 2019, in pursuance of order of Hon’ble High Court of
Gujarat dated 20 th June, 2019;
And
whereas the Hon’ble High Court of Gujarat in the matter of SCA No. 5278/2019
vide its final order dated the 3 rd July, 2019, directed the respondent No. 2
to undertake the exercise of recording its final finding afresh and respondent
No. 1 to extend the anti-dumping on the product in question, till the final
findings are rendered.
And
whereas the DGTR vide OM No. 7/16/2018-DGAD (Part file)-1, dated the 8 th July,
2019 has recommended that the anti-dumping duty on Paracetamol may be extended
up to and inclusive of the 27th October, 2019.
Now
therefore, in exercise of powers conferred by sub-sections (1) and (5) of
section 9A of the Customs Tariff Act, 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, and in
pursuance of the aforesaid order dated the 3 rd July, 2019 of Hon’ble High
Court, without prejudice to the rights and contentions of the parties to be
decided in the ultimate outcome of the SLP in the Hon’ble Supreme Court, the
Central Government hereby makes the following further amendments in the
notification of Government of India, in the Ministry of Finance (Department of
Revenue), No. 39/2018 Customs (ADD), dated the 20th 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 20th August, 2018, namely:-
In the said notification, for the figures, letters
and word “9 th July, 2019”, the figures, letters and word “27th October 2019”
shall be substituted.
[F.No.354/93/2001-TRU
(Pt-IV)]
(Ruchi Bisht)
Under Secretary to the Government of India
Note: The principal notification No.26/2013-Customs
(ADD), dated the 28th October, 2013 was published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 710(E),
dated the 28th October, 2013 and last amended vide notification No.
26/2019-Customs (ADD), dated the 10th June, 2019, vide number G.S.R. 450(E),
dated the 24th June, 2019.
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