Anti-Circumvention (CVD) Investigation on Saccharin from China on Complaint of Swati Petro Products

Provisional Assessment Ordered on All Imports of the “Saccharin”, imported from Thailand, till the Completion of the Anti-circumvention Investigation

[Notification No. 3/2022-Customs (CVD) dated 2 June 2022]

Seeks to provide for provisional assessment of Saccharin, exported from Thailand into India, till the completion of anti-circumvention investigation concerning alleged circumvention of countervailing duty imposed on Saccharin from China PR.

G.S.R. (E).- Whereas, in the matter of “Saccharin” falling under tariff item 2925 11 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from China PR 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. 6/18/2018-DGAD, dated the 19th June, 2019, had come to the conclusion that the Saccharin exported to India from China PR at subsidised value, thus, resulting in material injury to the domestic industry;

And, whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed a countervailing duty on the Saccharin, vide, notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 2/2019-Customs (CVD), dated the 30th August, 2019, published, vide, number G.S.R. 610(E), in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 30th August, 2019;

And, whereas, the designated authority, vide, its initiation notification No. 07/05/2022-DGTR, dated the 17th March, 2022, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 17th March, 2022, has initiated anti-circumvention investigation concerning alleged circumvention of countervailing duty on imports of Saccharin from China PR by imports of these goods from Thailand;

And, whereas, the designated authority has satisfied itself regarding the change in pattern of trade by imports of Saccharin from Thailand, thus, undermining the remedial effect of the existing countervailing duty measures, and has accordingly recommended provisional assessment on all imports of the “Saccharin”, imported from Thailand, till the completion of the abovementioned anti-circumvention investigation.

Now, therefore, in exercise of the powers conferred by sub-section (1A) of section 9 of the Customs Tariff Act, 1975 read with sub-rule (4A) of rule 26 of the Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995, the Central Government, after considering the aforesaid recommendation of the designated authority, hereby orders that, pending the outcome of the abovementioned anti-circumvention investigation by the designated authority, all imports of the Saccharin from Thailand into India shall be subjected to provisional assessment till the completion of the said investigation.

2. The provisional assessment may be subject to such security or guarantee as the proper officer of customs deems fit for payment of the deficiency, if any, in case a definitive countervailing duty is imposed retrospectively, on completion of investigation by the designated authority.

3. In case of recommendation of countervailing duty after completion of the abovementioned anti- circumvention investigation by the designated authority, the importer shall be liable to pay the amount of such countervailing duty as is imposed on all the imports of the Saccharin from Thailand into India, from the date of initiation of the said investigation.

[F. No. CBIC-190354/112/2022-TRU]