[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. 24/2019-Customs (ADD)
New Delhi, the
18th June, 2019
G.S.R. (E).-
Whereas, in the matter of levy of anti-dumping duty on import of Jute Products
namely, Jute Yarn/Twine (multiple folded/cabled and single), Hessian fabric,
and Jute sacking bags, 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 or Nepal and imported into India, the designated authority in its
final findings vide notification No.14/9/2015-DGAD, dated 20th October, 2016,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
20th October, 2016, had recommended imposition of the anti-dumping duty on Jute
Products namely, Jute Yarn/Twine (multiple folded/cabled and single), Hessian
fabric, and jute sacking bags originating in or exported from Bangladesh or
Nepal.
And
whereas, on the basis of the aforesaid final findings of the designated
authority, the Central Government had imposed an anti-dumping duty on Jute
Products namely, Jute Yarn/Twine (multiple folded/cabled and single), Hessian
fabric, and Jute sacking bags originating in or exported from Bangladesh or
Nepal, vide, notification of the Government of India in the Ministry of Finance
(Department of Revenue), No. 1/2017-Customs(ADD), dated the 5th January,2017,
published in the Gazette of India, Extraordinary, Part II, Section 3,
SubSection (i), vide number G.S.R. 11(E), dated the 5 th January 2017;
And
whereas, the designated authority vide notification No.7/3/2018-DGAD, dated the
20th March 2018., in the matter of circumvention of the anti-dumping duty
imposed on imports of jute sacking bags, had initiated an investigation to
determine the need for extending antidumping duty imposed on the imports of
jute sacking bags originating in or exported from Bangladesh, vide,
notification of the Government of India in the Ministry of Finance (Department
of Revenue), No. 1/2017-Customs(ADD), dated the 5 th January.2017, published
vide number G.S.R. 11(E), dated the 5th January 2017, to the imports of “Jute
sacking cloth” (hereinafter referred to as the subject goods) falling under
tariff heading 5310 of the First Schedule to the Customs Tariff Act,
originating in or exported from Bangladesh;
And
whereas, the designated authority in its final findings, published vide
notification No. 7/3/2018-DGAD dated the 19th March 2019, in the Gazette of
India, Extraordinary, Part I, Section 1, has come to the conclusion that-
(i)
imports of sacking cloth have increased
post levy of anti-dumping duty;
(ii)
the value addition in converting sacking cloth
to sacking bag is much less than the prescribed threshold in the Customs Tariff
(Identification, Assessment and Collection of Anti-Dumping Duty on Dumped
Articles and for Determination of Injury) Rules, 1995 Rules.
(iii)
the import of sacking cloth has undermined the
remedial effect of existing antidumping measure of on sacking bags imposed vide
notification No. 01/2017- Customs (ADD) dated 5the January, 2017, published
vide number G.S.R. 11(E), dated the 5th January 2017.
and has recommended extension of the existing
anti-dumping duty on sacking bags imposed vide aforesaid notification No.
01/2017 – Customs (ADD), dated the 5th January, 2017 on jute sacking cloth.
Now, therefore, in exercise of the powers conferred
by sub-sections (1), (1A) and (5) of section 9A of the Customs Tariff Act, read
with rule 27 of the Customs Tariff (Identification, Assessment and Collection
of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules,
1995 Rules, the Central Government, after considering the aforesaid final
findings of the designated authority, hereby imposes on the subject goods, the
description of which is specified in column (3) of the Table below, falling
under the tariff heading of the First Schedule to the Customs Tariff Act as
specified in the corresponding entry in column (2), originating in the
countries as specified in the corresponding entry in column (5), exported from
the countries as specified in the corresponding entry in column (6), produced
by the producers as specified in the corresponding entry in column (7),
exported by the exporters as specified in the corresponding entry in column
(8), and imported into India, an anti-dumping duty at the rate equal to the
amount as specified in the corresponding entry in column (9) in the currency as
specified in the corresponding entry in column (10) and as per unit of
measurement as specified in the corresponding entry in column (10) of the said
Table, namely:-
Table
Sl. No. |
Heading |
Description of goods |
Specifications |
Country of Origin |
Country of Exports |
Producer |
Exporter |
Duty Amount |
Unit |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1. |
5310 |
Sacking cloth |
In all forms and specification |
Bangladesh |
Bangladesh |
Hasan Jute Mills Ltd |
Hasan Jute Mills Ltd |
Nil |
US$ /MT |
2. |
5310 |
Sacking cloth |
-do- |
Bangladesh |
Bangladesh |
Janata Jute Mills Ltd |
Janata Jute Mills Ltd. |
125.21 |
US$ /MT |
3. |
5310 |
Sacking cloth |
-do- |
Bangladesh |
Bangladesh |
Producers whose dumping margin is de minimis/
negative as per list below* |
Nil |
US$ /MT |
|
4. |
5310 |
Sacking cloth |
-do- |
Bangladesh |
Bangladesh |
Non Sampled Producers/ exporters as
per list below** |
125.21 |
US$ /MT |
|
5. |
5310 |
Sacking cloth |
-do- |
Bangladesh |
Bangladesh |
Any combination other than mentioned
in Sl. Nos. 1 to 4 above |
138.97 |
US$ /MT |
|
6. |
5310 |
Sacking cloth |
-do- |
Bangladesh |
Any country other than those subject
to antidumping duty |
Any |
Any |
138.97 |
US$ /MT |
7. |
5310 |
Sacking cloth |
-do- |
Any country other than those subject
to antidumping duty |
Bangladesh |
Any |
Any |
138.97 |
US$ /MT |
* List of producers whose dumping margin is
de-minimis/ negative:
(1) M/s Mouna Jute Mills Ltd.
(2) M/s Arnu Jute Mills Ltd.
(3) M/s Rahman Jute Mills (Pvt.) Ltd.
(4) M/s Jamuna Jute Mills Industries Ltd.
(5) M/s Sagar Jute Spinning Mills Ltd.
(6) M/s Sidlaw Textiles (Bangladesh) Ltd.
(7) M/s Partex Jute Mills Ltd. Bangladesh
(8) M/s Asha Jute Industries Ltd.
(9) M/s Nawhata Jute Mills Ltd.
(10) M/s Mymensingh Jute Mills Ltd
** List of non-sampled producers/exporters:
(1) Rahman Jute Mills (Pvt.) Ltd.
(2) Shamsher Jute Mills Ltd.
(3) Golden Jute Industries Ltd.
(4) Purabi Trading
(5) Sonali Aansh Trading (Pvt.) Ltd.
(6) Rajbari Jute Mills Ltd.
(7) Nowapara Packaging Industries Ltd.
(8) Nowapara Jute Mills Ltd.
(9) Usha jute Spinners Ltd.
(10) B.S. Jute Spinners Ltd. (BSJSL)
(11) Madina Jute Industries Ltd.
(12) Northern Jute Manufacturing Company
Limited
(13) Jute Spinners Ltd.
(14) M/s Nawab Abdul Malek Jute Mills (BD) Ltd
2. The
anti-dumping duty imposed under this notification shall not apply, if-
(i) the goods are imported by a manufacturer of goods, other than those making
jute sacking bags;
(ii) the importer follows the procedure set out in the Customs (Import of Goods
at Concessional Rate of Duty), Rules, 2017; and
(iii) the importer furnishes an undertaking to the Deputy Commissioner of
Customs or the Assistant Commissioner of Customs, as the case may be, stating
as under:-
(a) the intended use for imported goods;
(b) that the imported jute sacking cloth
shall not be used for conversion to jute sacking bag; and (c) that in case he
fails to comply with sub-clause
(b), he shall pay an amount equal to the duty leviable, on the goods imported,
under this notification.
3. The
anti-dumping duty imposed under this notification shall be co-terminus with the
antidumping duty on jute sacking bags as levied vide aforesaid notification No.
1/2017-Customs (ADD) dated the 5 th January, 2017, published vide number G.S.R.
11(E), dated the 5th January 2017, and the anti-dumping duty shall be paid in
Indian currency.
Explanation.- For
the purposes of this notification, rate of exchange applicable for the purposes
of calculation of such anti-dumping duty shall be the rate which is specified
in the notification of the Government of India, in the Ministry of Finance
(Department of Revenue), issued from time to time, in exercise of the powers
conferred by section 14 of the Customs Act, 1962 (52 of 1962), and the relevant
date for the determination of the rate of exchange shall be the date of
presentation of the bill of entry under section 46 of the said Customs Act.
[F.No.354/211/2016-TRU]
(Gunjan Kumar
Verma)
Under Secretary to the Government of India
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