$125.21/MT
of Anti-dumping Duty Imposed on Sacking Bags from Janta
Jute Mills, Bangladesh
[Customs
Notification No. 03 (ADD) dated 15th January 2019]
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-
|
[Customs
Notification No. 02 (ADD) dated 15th January 2019] 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 notifications
of the Government of India in
the Ministry of Finance (Department of Revenue) as specified in column (2) of
the Table below, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i), vide
corresponding number G.S.R. as specified in column(3) of the said Table,
except as respects things done or omitted to be done before such rescission.
[F.No.354/211/2016-TRU] |
|||||||||||||||
(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 vide number G.S.R. 11(E), in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i),
dated the 5th January, 2017;
And
whereas, M/s. Janata Jute Mills Limited (Producer) 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.
7/10/2017-DGAD, dated the 1st January, 2018, published in the Gazette of India,
Extraordinary, Part I, Section I, dated the 1st January, 2018, had recommended
provisional assessment of all exports of the subject goods made by the above
stated party till the completion of the review by it, which was notified vide
enabling Customs notification No. 30/2018-Customs (ADD) dated the 30th May,
2018, published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R. 514(E), dated the
30th May, 2018;
And
whereas, the designated authority, vide its final findings in notification No.
7/10/2017-DGAD, dated the 22nd November, 2018, published in the Gazette of
India,
Extraordinary,
Part I, Section 1, dated the 22nd November, 2018 has come to the conclusion
that in the given circumstances and facts of the case, the producer/exporter
can only be considered for an Anti-Dumping measure as recommended for the
non-sampled category of exporters in the original investigation and accordingly
recommended that entry 47 be added to the existing duty table of the
notification No. 14/19/2015-DGAD, dated the 20th October, 2016 as under:-
|
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) |
|
47. |
5307, 5310, 5607 or 6305 |
Sacking Bags |
In all forms and specifications |
Bangladesh |
Bangladesh |
Janata Jute Mills Ltd. |
Janata Jute Mills Ltd. |
125.21 |
US$/MT |
And
whereas, M/s. Aman Jute Fibrous Ltd. (Producer) and
M/s IB Jute Corporation (Exporter/ Trader) had also 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.
7/23/2017-DGAD, dated the 24th January, 2018, published in the Gazette of
India, Extraordinary, Part I, Section I, dated the 24th January, 2018, had
recommended provisional assessment of all exports of the subject goods made by
the above stated parties till the completion of the review by it, which was
notified vide enabling Customs notification No. 31/2018-Customs (ADD) dated the
30th May, 2018, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R. 515(E),
dated the 30th May, 2018;
And
whereas, the designated authority, vide its final findings in notification No.
7/232017-DGAD, dated the 22nd November, 2018, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 22nd November, 2018
terminated the New Sipper Review investigation for M/s. Aman
Jute Fibrous Ltd. (Producer) and M/s IB Jute Corporation (Exporter/ Trader) and
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;
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 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,-
(i) in the Table, after Serial number 46 and the entries
relating thereto, the following serial number and entries shall be inserted,
namely:-
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
|
“47.
|
5307,
5310, 5607 or 6305 |
Sacking
Bags |
In
all forms and specifications |
Bangladesh
|
Bangladesh
|
Janata
Jute Mills Ltd. |
Janata
Jute Mills Ltd. |
125.21
|
US$/MT”;
|
(ii)
after the Table and the entries relating thereto, the
following Explanation shall be inserted, namely:-
“Explanation.- For the purposes of this notification, the exports of
subject goods by M/s. Aman Jute Fibrous Ltd.
(Producer) and M/s IB Jute Corporation (Exporter/ Trader) shall be finally
assessed under the residual categories specified in the above Table.”.
[F. No. 354/211/2016-TRU]