[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. 03/2019-Customs (ADD)
New Delhi, the
15th January, 2019
G.S.R. (E).-
Whereas, in the matter of import of „Jute Products? namely, Jute Yarn/Twine
(multiple folded/cabled and single), Hessian fabric, and Jute sacking bags
(hereinafter referred to as the subject goods) falling under Tariff Headings
5307, 5310, 5607 or 6305 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 Bangladesh and Nepal (hereinafter referred to as subject
countries) and imported into India, the designated authority, in its final
findings published in the Gazette of India, Extraordinary, Part I, Section I vide
notification No. 14/19/2015-DGAD, dated the 20th October, 2016, had come to the
conclusion that-
(i) there is dumping of subject goods from the
subject countries;
(ii) imports from subject countries are
undercutting and suppressing the prices of the domestic industry;
(iii)performance of domestic industry has deteriorated in the terms of
profitability return on investments and cash flow;
(iv)injury to domestic industry has been caused by dumped imports,
and had recommended imposition of definitive anti-dumping
duty on imports of the subject goods, originating in, or exported from, the
subject countries and imported into India, in order to remove 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. 01/2017- Customs (ADD), dated the 5th January,
2017, published vide number G.S.R. 11(E), in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i), dated the 5th January,
2017;
And
whereas, M/s. Janata Jute Mills Limited (Producer) had requested for review in
terms of rule 22 of the Customs Tariff (Identification, Assessment and
Collection of Antidumping Duty on Dumped Articles and for Determination of
Injury) Rules, 1995, in respect of exports of the subject goods made by them,
and the designated authority, vide new shipper review notification No. 7/10/2017-DGAD,
dated the 1 st January, 2018, published in the Gazette of India, Extraordinary,
Part I, Section I, dated the 1st January, 2018, had recommended provisional
assessment of all exports of the subject goods made by the above stated party
till the completion of the review by it, which was notified vide enabling
Customs notification No. 30/2018-Customs (ADD) dated the 30th May, 2018,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R. 514(E), dated the 30th May, 2018;
And
whereas, the designated authority, vide its final findings in notification No.
7/10/2017-DGAD, dated the 22nd November, 2018, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 22nd November, 2018 has come
to the conclusion that in the given circumstances and facts of the case, the
producer/exporter can only be considered for an Anti-Dumping measure as
recommended for the non-sampled category of exporters in the original
investigation and accordingly recommended that entry 47 be added to the
existing duty table of the notification No. 14/19/2015-DGAD, dated the 20th
October, 2016 as under:-
Sl No. |
Heading |
Descript ion of goods * |
Specifications |
Country of Origin |
Country of Exports |
Producer |
Exporter |
Duty Amount |
Unit |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
47. |
5307, 5310, 5607 or 6305 |
Sacking Bags |
In all forms and specifications |
Bangladesh |
Bangladesh |
Janata Jute Mills Ltd. |
Janata Jute Mills Ltd. |
125.21 |
US$/ MT |
And whereas, M/s. Aman Jute Fibrous Ltd. (Producer)
and M/s IB Jute Corporation (Exporter/ Trader) had also 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, in respect of exports of the subject goods made by them,
and the designated authority, vide new shipper review notification No.
7/23/2017-DGAD, dated the 24th January, 2018, published in the Gazette of
India, Extraordinary, Part I, Section I, dated the 24th January, 2018, had
recommended provisional assessment of all exports of the subject goods made by
the above stated parties till the completion of the review by it, which was
notified vide enabling Customs notification No. 31/2018-Customs (ADD) dated the
30th May, 2018, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R. 515(E), dated the 30th May, 2018;
And whereas, the designated authority, vide its
final findings in notification No. 7/232017- DGAD, dated the 22nd November,
2018, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 22nd November, 2018 terminated the New Sipper Review investigation
for M/s. Aman Jute Fibrous Ltd. (Producer) and M/s IB Jute Corporation
(Exporter/ Trader) and recommended that the producer/exporter would continue to
be assessed as per residual category of duty table of the notification No.
01/2017-Customs (ADD), dated the 5 th January, 2017;
Now, therefore, in exercise of the powers conferred
by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, read with
rules 18 and 20 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 hereby makes the following further
amendments in the notification of the Ministry of Finance (Department of
Revenue) No. 01/2017-Customs (ADD), dated the 5th of January, 2017, published
in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i),
vide number G.S.R. 11(E), dated the 5th of January, 2017, namely:- In the said
notification,-
(i)
in the Table, after Serial number 46 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) |
“47. |
5307, 5310, 5607 or 6305 |
Sacking Bags |
In all forms and specifications |
Bangladesh |
Bangladesh |
Janata Jute Mills Ltd. |
Janata Jute Mills Ltd. |
125.21 |
US$/ MT”; |
(ii)
after the Table and the entries relating
thereto, the following Explanation shall be inserted, namely:-
“Explanation.- For the purposes of this
notification, the exports of subject goods by M/s. Aman Jute Fibrous Ltd.
(Producer) and M/s IB Jute Corporation (Exporter/ Trader) shall be finally
assessed under the residual categories specified in the above Table.”.
[F. No.
354/211/2016-TRU]
(Gunjan Kumar
Verma)
Under Secretary to the Government of India
Note.- The principal notification No. 01/2017-Customs
(ADD), dated the 5th January, 2017 was published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 11(E),
dated the 5th January, 2017 and was last amended by notification No. 11/2017-
Customs (ADD), dated the 3rd April, 2017, published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 330 (E),
dated the 3 rd April, 2017.
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