[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. 30/2017-Customs (ADD)
New Delhi, the
16th of June, 2017
G.S.R. (E).- Whereas,
in the matter of import of Clear Float Glass of nominal thickness ranging from
4mm to 12 mm (both inclusive), the nominal thickness being as per BIS
14900:2000, (hereinafter referred to as the subject goods), falling under
headings 7003,7004, 7005,7009, 7013, 7015, 7016, 7018, 7019, 7020 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred as
the Customs Tariff Act), originating in, or exported from Pakistan, Saudi
Arabia and UAE (hereinafter referred to as the subject countries) and imported
into India, the designated authority in its final findings vide notification
No. 14/25/2012-DGAD, dated the 10th October, 2014 published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 10th October, 2014, had
recommended imposition of anti-dumping duty on all imports of subject goods
from the subject countries in order to remove the injury to the domestic
industry;
And whereas, on the
basis of the aforesaid findings of the designated authority, the Central
Government had imposed an anti-dumping duty on the subject goods, vide,
notification of the Government of India in the Ministry of Finance (Department
of Revenue), No. 48/2014- Customs, dated the 11th December, 2014, published in
the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i), dated
the 11th December, 2014, vide number G.S.R. 885 (E), dated the 11th December,
2014;
And whereas, M/s Tariq
Glass Industries Ltd (hereinafter referred to as the “new shipper”) had requested
for review in terms of rule 22 of the Customs Tariff (Identification,
Assessment and Collection of Anti-dumping Duty on Dumped Articles and for
Determination of Injury) Rules, 1995 (hereinafter referred to as the said
rules), in respect of exports of the subject goods made by them, and the
designated authority, vide the new shipper notification No. 15/16/2015-DGAD,
dated the 23rd September, 2015, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 23rd September, 2015, had recommended
provisional assessment of all exports of the subject goods made by the new
shipper when imported into India, till the completion of the review by it;
And whereas, in
exercise of the powers conferred by sub-rule (2) of rule 22 of the said rules,
the Central Government, after considering the aforesaid recommendation of the
designated authority, vide, notification of the Government of India in the
Ministry of Finance (Department of Revenue), No. 53/2015-Customs, dated the
30th October, 2015, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i), vide number G.S.R. 825 (E), dated the 30th October,
2015 had ordered that pending the outcome of the said review by the designated
authority, the subject goods, when exported by, M/s Tariq Glass Industries
Ltd(exporter), shall be subjected to provisional assessment till the review is
completed;
And whereas, the
designated authority in the matter of new shipper review initiated vide
notification No. 15/16/2015-DGAD, dated the 23rd September, 2015 published in
the Gazette of India, Extraordinary, Part I, Section 1, dated 23rd September,
2015 in its final findings vide notification No. 15/16/2015-DGAD, published in
the Gazette of India, Extraordinary, Part I, Section 1, dated the 10th April,
2017 has recommended the imposition of anti-dumping duty of United States
Dollar 23.54 per Metric Tonn on imports of “Clear Float Glass of nominal
thickness ranging from 4mm to 12mm (both inclusive), the nominal thickness
being as per BIS 14900:2000” falling under Chapter 70 of the Custom Tariff Act,
1975 produced and exported by M/s Tariq Glass Industries Ltd, Pakistan.
Now, therefore, in
exercise of the powers conferred by sub-section (1) of section 9A of the
Customs Tariff Act,1975(51 of 1975) read with rules 18, 20, 22 and 23 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, the Central Government, hereby makes the following changes:
(a)
the notification of Government of India
in the Ministry of Finance (Department of Revenue) no. 48/2014-Customs (ADD) ,
dated the 11th December, 2014, published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-Section (i) dated the 11th December,
2014, vide number G.S.R. 885 (E) dated the 11th December, 2014, shall be
amended as under:
(i)
in the said notification, in the Table,-
(A)after
serial number 10 and the entries relating thereto, the following serial number
and entries shall be inserted, namely :-
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
“10
A |
700
3, 700 4, 700 5, 700 9, 701 3, 701 5, 701
6, 701 8, 701 9, 702 0 |
Clear
Float Glass of nominal thickness ranging from 4mm to 12mm (both inclusive),
the nominal thickness being
as per BIS 14900:20 00 |
Pakista
n |
Pakista
n |
M/s
Tariq Glass Industri es Ltd |
M/s
Tariq Glass Industri es Ltd |
23.5
4 |
M
T |
USD
”; |
(B)
in serial number 11, in column (6) and
(7), in the entries, after the word, letters and figures “Sl. No. 10”, the
word, letters and figures “and Sl. No. 10A” shall be inserted:
(b) all imports of the
subject goods which have been subjected to provisional assessment pursuant to
the notification of the Government of India in the Ministry of Finance
(Department of Revenue), No. 53/2015-Customs, dated the 30th October, 2015,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide number G.S.R. 825 (E), dated the 30th October 2015 shall
be subjected to final assessment on the payment of anti-dumping duty, as
mentioned at Serial Numbers 10 A and 11 in the Table to the notification of the
Government of India in the Ministry of Finance (Department of Revenue), No.
48/2014-Customs, dated the 11th December, 2014, published, vide number G.S.R.
885 (E) dated the 11th December, 2014;
(c) the notification of
the Government of India, in the Ministry of Finance (Department of Revenue),
No. 53/2015-Customs (ADD), dated the 30th October, 2015, published in the
Gazette of India, Extraordinary, Part II, Section 3, Subsection (i) vide number
G.S.R. 825 (E), dated the 30th October, 2015, except as respects things done or
omitted to be done before such rescission, shall be rescinded.
2. And whereas, the
said final findings notification no. 15/16/2015-DGAD, dated the 10th April,
2017 published in the Gazette of India, Extraordinary, Part I, Section 1, dated
the 10th April, 2017, was challenged in the Hon’ble Madras High Court in Writ
petition no. 12950 of 2017 and the Hon’ble High Court vide its order dated the
25 th May,2017 has held that “Considering the facts and circumstances of the
case, there shall be an interim order of status quo till 09.06.2017.” ;
3. Now therefore, in
view of the aforesaid order of the Madras High Court the present notification
shall remain in abeyance, subject to the final order of the Hon’ble Madras High
Court in the aforesaid Writ Petition No.12950 of 2017.
[F. No. 354/
46/2014-TRU]
(Ruchi Bisht)
Under Secretary to the Government of India
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