[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. 51/2018-Customs (ADD)
New Delhi, the 9
th October, 2018
G.S.R. (E).-
Whereas in the matter of Ductile iron pipes (hereinafter referred to as the
subject goods) falling under tariff items 7303 00 30 or 7303 00 90 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 the subject country), and imported into India, the
designated authority (hereinafter referred as authority) in its final findings
vide notification number 15/1006/2012-DGAD dated the 4 th September, 2013,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
4th September, 2013, had recommended continuation of anti-dumping duty on the
imports of subject goods, originating in, or exported from the subject country;
And
whereas, on the basis of the aforesaid findings of the designated authority,
the Central Government had imposed anti-dumping duty on the subject goods with
effect from the 10th October, 2013 vide notification of the Government of India
in the Ministry of Finance (Department of Revenue), No. 23/2013-Customs (ADD)
dated the 10th October, 2013, published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) vide number G.S.R. 680 (E), dated the 10th
October, 2013;
And
whereas, M/s Electro Steel Casting Limited, M/s Srikalahasti Pipes Ltd. (SPL)
and M/s Jindal Saw Limited (hereinafter referred as applicants) filed an
application before the authority for review and continuation of the
anti-dumping duties, imposed on the imports of the subject goods, originating
in or exported from the subject country.
And, whereas the said application was examined by
the authority and authority issued an Order F. No. 7/18/2018 - DGAD dated the
17th May, 2018 stating that:
a) the
applicant has not been able to provide sufficient and satisfactory evidence to
initiate sunset review investigation;
b) therefore, the authority decides that the case
is not fit for initiation of sunset review investigation concerning import of
“Ductile Iron Pipes” originating in or exported from China PR.
And
whereas, M/s Jindal Saw Limited (hereinafter referred as petitioner) filed a
Special Civil Application No. 12368 of 2018 before the Hon’ble High Court of
Gujrat and the Hon’ble High Court of Gujrat vide Judgement dated the 26th
September, 2018, has ordered that:
“12.
Accordingly, Impugned order dated 17.05.2018 of DGAD is set aside, as the same
is without reasons. The respondent authority shall decide the application
requesting a sunset review afresh, in accordance with law, within six months
from the date of receipt of the order. Till such a decision is taken, the
period of anti-dumping duty, which ceases to have effect on and from
09.10.2018, shall stand extended. Petition is allowed accordingly. Rule is made
absolute. Direct service is permitted.”
Now,
therefore, in exercise of the powers conferred by sub-sections (1) and (5) of
section 9A of the said 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 and in
pursuance of the Hon’ble High Court Judgement dated the 26th September, 2018,
the Central Government hereby makes the following amendment in the notification
of the Government of India, in the Ministry of Finance (Department of Revenue),
No. 23/2013, Customs (ADD), dated the 10th October, 2013, published in the
Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide
number G.S.R. 680 (E), dated the 10th October, 2013, namely:-
In
the said notification, after paragraph 2 and before the Explanation, the
following paragraph shall be inserted, namely: -
“3.
Notwithstanding anything contained in paragraph 2, this notification, unless
revoked earlier, shall remain in force up to and inclusive of the 9 th April,
2019.”.
[F. No.
354/3/2007-TRU (Pt. I)]
(Gunjan
Kumar Verma)
Under Secretary to the Government of India
Note. - The principal notification No. 23/2013-
Customs (ADD), dated the 10th October, 2013 was published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.
680 (E), dated the 10th October, 2013.
We have successfully served many reputable clients for Import-Export Data Information Services. Here are some of our clients:
Copyright © 2009 - 2024 www.seair.co.in. All Rights Reserved.