Ductile Iron Pipes from China Withdrawn – Ntfn 23/2013-ADD Rescinded to Following Gujarat HC Order of 26 Sept 2018

[Customs Notification No. 39 (ADD) dated 28^th September 2019]

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 4th 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 9th April, 2019 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 51/2018-Customs (ADD), dated the 9th 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 9th October, 2018;

And whereas, the designated authority had initiated the review investigation vide notification No. 7/18/2018-DGAD, dated the 9th October, 2018, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 9th October, 2018, concerning imports of subject goods 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 1st April, 2019 concerning imports of subject goods originating in or exported from China PR and the designated authority vide the said findings concluded that continuation of anti-dumping duty was not warranted and did not recommend further extension of anti-dumping duty on import of subject goods originating in or exported from China PR;

And whereas, in pursuance of the Judgement dated the 5th April, 2019 of Hon’ble High Court of Gujarat in the matter of Special Civil Application No. 6896 of 2019, filed by M/s Jindal Saw Limited, the Central Government had extended the anti-dumping duty on the subject goods upto the 9th May, 2019 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 18/2019-Customs (ADD), dated the 10th April, 2019, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 299 (E), dated the 10th April, 2019;

And whereas, in pursuance of the Judgement dated the 3rd May, 2019 of Hon’ble High Court of Gujarat in the matter of Special Civil Application No. 6896 of 2019, filed by M/s Jindal Saw Limited, the Central Government had extended the anti-dumping duty on the subject goods upto the 23rd June, 2019 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 21/2019-Customs (ADD), dated the 9th May, 2019, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 352 (E), dated the 9th May, 2019;

And whereas, in pursuance of the Judgement dated the 20th June, 2019 of Hon’ble High Court of Gujarat in the matter of Special Civil Application No. 6896 of 2019, filed by M/s Jindal Saw Limited, the Central Government had extended the anti-dumping duty on the subject goods upto the 9th October, 2019 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 25/2019-Customs (ADD), dated the 23rd June, 2019, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 444 (E), dated the 23rd June, 2019;

And whereas, the Hon’ble Supreme Court in the matter of Civil Appeal No. 6678 of 2019 (arising out of order dated 20.06.2019 in SCA No 6896/2019), filed by Directorate General of Trade Remedies, vide order dated the 28th August 2019, has set aside the said order dated 20.06.2019 of High Court of Gujarat.

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 Antidumping-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. 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, except as respects things done or omitted to be done before such recession.

[F. No. 354/3/2007 -TRU (Pt-I)]