Anti-dumping notification scope excludes imported amoxicillin-clavulanate blend from duty coverage

Amoxicillin Sodium with Clavulanate Potassium (Blend Sterile) (5:1) was held outside the scope of the anti-dumping notification covering Amoxicillin Trihydrate because the DGTR clarification stated that the product under consideration was Amoxycillin, also known as Amoxycillin Trihydrate, and not the imported combination product. As the department acknowledged that clarification, the imported product could not be read into the notification. The product was therefore not liable to anti-dumping duty.

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Issues: Whether Amoxicillin Sodium with Clavulanate Potassium (Blend Sterile) (5:1) was covered by the anti-dumping notification issued for Amoxicillin Trihydrate and therefore liable to anti-dumping duty.

Analysis: The clarification issued by the Directorate General of Trade Remedies stated that the product under consideration in the final findings was Amoxycillin, also known as Amoxycillin Trihydrate, and that the imported product Amoxicillin Sodium with Clavulanate Potassium (Blend Sterile) (5:1) was not covered within the scope of the product under consideration. In view of this clarification, and its acknowledgment by the department, the imported product could not be brought within the notification imposing anti-dumping duty on Amoxicillin Trihydrate.

Conclusion: The imported product was not covered by the anti-dumping notification and was not liable to anti-dumping duty.

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