Ductile Iron Pipes (DI Pipes) from China Anti-dumping Duty Extended for One month to 9 May 2019 in Pending Review Order

[Notification No. 18/2019-Customs (ADD) dated 10 April 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 I, Section 1, 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. F.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 ‘Ductile Iron Pipes’ 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 ‘Ductile Iron Pipes’ originating in or exported from China PR and the designated authority vide the said findings concluded that continuation of anti-dumping duty is not warranted and did not recommend further extension of anti-dumping duty on import of ‘Ductile Iron Pipes’ originating in or exported from China PR.

And whereas, M/s Jindal Saw Limited filed a Special Civil Application No. 6896 of 2019 before the Hon’ble High Court of Gujarat and the Hon’ble High Court of Gujarat vide Judgement dated the 5th April, 2019, has ordered that-

“1) the final finding impugned in this proceeding may not be acted upon till the next date of hearing.

2) the extension of anti-dumping duty ordered under the notification dated 09/10/2018 be further extended by respondent-Union of India for appropriate period, not less than one month from 09/04/2019”.

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 Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 and in pursuance of the order of the Hon’ble High Court of Gujarat dated the 5th April, 2019, 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. 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, namely:-

In the said notification, in paragraph 3, for the figures, letters and words “9th April, 2019", the figures, letters and words "9th May 2019" shall be substituted.

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