Roman Jute Mills and SMP International LLC, USA Lose in Review in Jute Products Case – Duty in 01/2017-ADD Notification to Apply with Retrospective Effect

[Customs Notification No.24/2018-Customs (ADD) dated 7 May 2018]

Seeks to provide for provisional assessment of jute goods exported from Bangladesh by M/s Roman Jute Mills Ltd.(Producer/Exporter) and M/s SMP International, LLC, USA (Exporter/Trader) till the final findings of New Shipper Review in this regard are recieved.

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, vide its final findings in notification No. 14/19/2015-DGAD, dated the 20^th October, 2016, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20^th 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;

(ii) performance of domestic industry has deteriorated in the terms of profitability return on investments and cash flow;

(iii) injury to domestic industry has been caused by dumped imports;

and had recommended continued imposition of definitive anti-dumping duty on imports of the subject goods originating in, or exported from, the subject countries;

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 5^th 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 5^th January, 2017;

And whereas, M/s. Roman Jute Mills Ltd. (Producer/Exporter) and M/s SMP International, LLC, USA (Exporter/ Trader) have 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. 7/7/2018- DGAD dated the 27^th March 2018, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 27^th March, 2018, has recommended provisional assessment of all exports of the subject goods made by the above stated parties till the completion of the review by it.

Now, therefore, 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, after considering the aforesaid recommendation of the designated authority, hereby orders that pending the outcome of the said review by the designated authority, the subject goods, when originating in or exported from Bangladesh by M/s. Roman Jute Mills Ltd. (Producer/Exporter) and M/s SMP International, LLC, USA (Exporter/ Trader) and imported into India, shall be subjected to provisional assessment till the review is completed.

2. The provisional assessment may be subject to such security or guarantee as the proper officer of customs deems fit for payment of the deficiency, if any, in case a definitive anti- dumping duty is imposed retrospectively, on completion of investigation by the designated authority.

3. In case of recommendation of anti-dumping duty after completion of the said review by the designated authority, the importer shall be liable to pay the amount of such anti-dumping duty recommended on review and imposed on all imports of subject goods when originating in or exported from Bangladesh by M/s. Roman Jute Mills Ltd. (Producer/Exporter) and M/s SMP International, LLC, USA (Exporter/ Trader) and imported into India, from the date of initiation of the said review.

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