Natural Jute Mills, Bangladesh, Kreation Global LLC, USA Allowed Provisional Assessment on Application for New Shippers Review, Final Duty only after Completion of Review

[Notification No. 30/2019-Customs (ADD) dated 1 August 2019]

Seeks to further amend notification No. 1/2017-Customs(ADD) dated 5th January, 2017 to prescribe ADD on exports from M/s. Natural Jute Mill (Producer/Exporter) [Bangladesh] and M/s Kreation Global, LLC,USA (Exporter/ Trader) [Bangladesh] on the basis of final findings of the Designated Authority in this regard.

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, 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 whereas, M/s. Natural Jute Mill (Producer/Exporter) [Bangladesh] and M/s Kreation Global, LLC,USA (Exporter/ Trader) [Bangladesh] had 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. 7/9/2017-DGAD, dated 18th January 2018, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 18th January, 2018, had recommended provisional assessment of all exports of the subject goods made by the above mentioned parties till the completion of the review by it, which was notified vide enabling Customs notification No. 16/2018-Customs (ADD), dated the 23rd March, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 276(E), dated the 23rd March, 2018;

And whereas, the designated authority, vide its final findings in notification No. 7/09/2017- DGAD, dated the 2nd May, 2019, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2nd May, 2019, has come to the conclusion that M/s. Natural Jute Mill (Producer/Exporter) [Bangladesh] has not even exported 1% of the total exports of the subject goods to India during the period of investigation, which is too insignificant to be considered as commercially representative quantity to be adopted for according individual Dumping Margin to the applicant Producer/Exporter and therefore 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 5th 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 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 Government of India, in 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, for the Explanation, the following shall be substituted, namely:-

“Explanation.- For the purposes of this notification, the exports of subject goods by M/s. Aman Jute Fibrous Ltd. (Producer), M/s IB Jute Corporation (Exporter/ Trader), M/s. Natural Jute Mill (Producer/Exporter) [Bangladesh] and M/s Kreation Global, LLC, USA (Exporter/ Trader) [Bangladesh] shall be finally assessed under the residual categories specified in the above Table.”.

[F. No. 354/211/2016-TRU]

Natural Jute Mill and Kreation Global, LLC of Bangladesh Lose in Review in Jute Products Case – Duty in 01/2017-ADD Notification to Apply with Retrospective Effect – Notification No. 16/2018- Customs (ADD), dated the 23rd March 2018 Rescinded

[Notification No. 29/2019-Customs (ADD) dated 1 August 2019]

G.S.R. (E).- In exercise of the powers conferred by sub-rule (2) 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, the Central Government, hereby rescinds the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 16/2018- Customs (ADD), dated the 23rd March 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 276 (E), dated the 23rd March, 2018, except as respects things done or omitted to be done before such rescission.

[F.No.354/211/2016-TRU]