Safeguard Duty on Phthalic Anhydride (Polyester Raw material) from Korea Stepped Up in Final Findings

As of Now

18.12.2020 to 05.07.2021 7.5%

06.07.2021 to 05.07.2022 5.63%

06.07.2022 onward Nil

(Earlier, in Prelim Finding – 7.5% was from 06.07.2020 to 21.01.2021 and from 22.01.2021 onwards Nil duty was applicable)

[Notification No. 44/2020-Customs dated 18 December 2020]

Seeks to confirm the provisional Bilateral Safeguard measure on imports of Phthalic Anhydride originating in Korea RP under the India-Korea Comprehensive Economic Partnership Agreement, and to further amend notification no. 152/2009 dated 31.12.2009 to modify the rate of duty of customs on said imports, on recommendation of final findings of Directorate General of Trade Remedies under the India-Korea Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017.

G.S.R …..(E).— Whereas in the matter concerning imports of “Phthalic Anhydride” (hereinafter referred to as the subject goods) falling under tariff item 2917 35 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), the Director General of Trade Remedies (hereinafter referred to as the Authority) initiated an investigation in terms of the India-Korea Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017 (hereinafter referred to as the said rules) vide initiation notification under F.No.22/8/2019-DGTR, dated the 1^st October, 2019 published in the Gazette of India, Extraordinary dated the 1^st October, 2019 in order to determine whether the imports of the subject goods from Korea RP constitute increased imports and whether the increased imports have caused or are threatening to cause serious injury to the domestic industry.

And whereas, on basis of the preliminary findings of the Authority in the Bilateral Safeguard investigation issued vide F.No.22/8/2019-DGTR, dated the 11^th May, 2020, published in the Gazette of India, Extraordinary dated the 11^th May, 2020, the Central Government imposed provisional Bilateral Safeguard measure on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 29/2020-Customs, dated the 6^th July,

2020, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 430 (E), dated the 6^th July, 2020 by making further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.152/2009-Customs, dated the 31^st December, 2009, published in the Gazette of India, vide number G.S.R. 943 (E), dated the 31^st December, 2009.

And whereas, the Authority in its final findings in the Bilateral Safeguard investigation issued vide F.No.22/8/2019-DGTR, dated the 28^th September, 2020, published in the Gazette of India, Extraordinary dated the 28^th September, 2020, has concluded that-

(i) imports of the product from Korea have increased and constitute “increased imports” within the meaning of the Rules and India-Korea Comprehensive Economic Partnership Agreement;

(ii) the increased imports have caused serious injury and threatened to caused serious injury to the domestic industry;

(iii) there exists a causal link exists between the increased imports of the originating goods due to the reduction or elimination of custom duty under the India-Korea Comprehensive Economic Partnership Agreement and serious injury and threat of serious injury to the domestic industry,

and has confirmed its preliminary findings issued vide notification No. 22/8/2019-DGTR dated the 11^th May, 2020 and recommended imposition of bilateral safeguard measure of increasing the rate of customs duty on subject goods originating in Korea RP and imported into India as specified in the aforesaid final findings, from the date of issue of the notification of imposition of provisional measure by the Central Government vide notification No.29/2020-Customs dated 6^th July, 2020.

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962) read with rule 11 and sub-rule (2) of rule 12 of the said rules, the Central Government, on being satisfied that it is necessary in the public interest so to do, confirms the provisional bilateral safeguard measure imposed with effect from 6^th July, 2020 and hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.152/2009-Customs, dated the 31^st December, 2009, published in the Gazette of India, vide number G.S.R. 943 (E), dated the 31^st December, 2009, namely-

In the said notification-

(i) in the Table, after serial number 230B and the entries relating thereto, the following serial numbers and entries shall be inserted, namely:-

(1)	(2)	(3)	(4)
“230C.	2917 35 00	All goods	5.63”;

(ii) For the first proviso, the following proviso shall be substituted, namely:-

“Provided that, to give effect to the bilateral safeguard measure, as recommended by the Director General of Trade Remedies, -

(a) nothing contained in serial number 230A and entries relating thereto in the said Table shall have effect up to and inclusive of the 5^th day of July, 2022, and

(b) nothing contained in serial number 230C and entries relating thereto in the said Table shall have effect up to and inclusive of the 5^th day of July, 2021;

unless revoked, superseded or amended earlier.”.

[F. No.354/51/2020-