[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. 18/2019-Customs (ADD)
New Delhi, the
10th April, 2019
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 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, in pursuance of the Judgement dated the 26th September, 2018 of
Hon’ble High Court of Gujarat in the matter of Special Civil Application No.
12368 of 2018, filed by M/s Jindal Saw Limited, the Central Government had
extended the anti-dumping duty on the subject goods upto the 9 th April, 2019
vide notification of the Government of India in the Ministry of Finance
(Department of Revenue), No. 51/2018-Customs (ADD) dated the 9 th October,
2018, published in the Gazette of India, Extraordinary, Part I, Section 1,
Sub-section (i) vide number G.S.R. 1012 (E), dated the 9 th October, 2018;
And
whereas, the designated authority had initiated the review investigation vide
notification No. F.No.7/18/2018-DGAD, dated the 9 th October, 2018, published
in the Gazette of India, Extraordinary, Part I, Section 1, dated the 9 th
October, 2018, concerning imports of ‘Ductile Iron Pipes’ originating in or
exported from China PR;
And
whereas, on completion of review investigation, the designated authority issued
final finding vide notification No. 7/18/2018-DGAD, dated the 1st April, 2019,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
1 st April, 2019 concerning imports of ‘Ductile Iron Pipes’ originating in or
exported from China PR and the designated authority vide the said findings
concluded that continuation of anti-dumping duty is not warranted and did not
recommend further extension of anti-dumping duty on import of ‘Ductile Iron
Pipes’ originating in or exported from China PR.
And
whereas, M/s Jindal Saw Limited filed a Special Civil Application No. 6896 of
2019 before the Hon’ble High Court of Gujarat and the Hon’ble High Court of
Gujarat vide Judgement dated the 5 th April, 2019, has ordered that-
“1) the final finding impugned in this proceeding
may not be acted upon till the next date of hearing. 2) the extension of
anti-dumping duty ordered under the notification dated 09/10/2018 be further
extended by respondent-Union of India for appropriate period, not less than one
month from 09/04/2019”.
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 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 order of the Hon’ble High Court of Gujarat dated the 5 th April, 2019,
the Central Government hereby makes the following further amendments 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, in paragraph 3, for the figures, letters and words “9 th
April, 2019", the figures, letters and words "9 th May 2019"
shall be substituted.
[F. No.
354/3/2007-TRU (Pt. I)]
(Ruchi Bisht)
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 and subsequently amended vide
notification No.51/2018-Customs dated the 9 th October, 2018, published in the
Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i) vide
number G.S.R. 1012(E), dated the 9 th October, 2018.
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