Aziz Fibres, Bangladesh under Provisional
Assessment in Jute Products Case
[Notification No.42/2018-Customs (ADD) dated 24 August 2018]
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 20th October,
2016, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 20th 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;
(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
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 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 Aziz
Fibres Limited, Bangladesh (Producer/ Exporter) 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(hereinafter referred to as the said
rules), in respect of exports of the subject goods made by them from
Bangladesh, and the designated authority, vide
new shipper review notification No. 7/25/2018-DGAD dated the 2nd
July, 2018, published in the Gazette of
India, Extraordinary, Part 1. Section 1, dated the 2nd July, 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 the proviso to sub-rule (2) of rule 22 of the said
Rules, 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 Aziz Fibres Limited,
Bangladesh (Producer/ Exporter)and imported into India, shall be subjected to
provisional assessment till the review is completed.
2. The provisional assessment may be subject to
such 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 Aziz Fibres
Limited, Bangladesh (Producer/ Exporter) and imported into India, from the date
of initiation of the said review.
[F.No.354/211/2016-TRU]