Ductile Iron
Pipes (DI Pipes) from China Anti-dumping Duty Extended for Six months to 9
April 2019 in Review
[Notification No. 51/2018-Customs (ADD)
dated 9 October 2018]
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 (hereinafter referred as 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, M/s Electro Steel Casting Limited, M/s Srikalahasti
Pipes Ltd. (SPL) and M/s Jindal Saw Limited (hereinafter referred as
applicants) filed an application before the authority for review and
continuation of the anti-dumping duties, imposed on the imports of the subject
goods, originating in or exported from the subject country.
And,
whereas the said application was examined by the authority and authority issued
an Order F. No. 7/18/2018 - DGAD dated the 17th May, 2018 stating
that:
a)
the applicant
has not been able to provide sufficient and satisfactory evidence to initiate
sunset review investigation;
b)
therefore, the authority decides that
the case is not fit for initiation of sunset review investigation concerning
import of “Ductile Iron Pipes” originating in or exported from China PR.
And
whereas, M/s Jindal Saw Limited (hereinafter referred as petitioner) filed a
Special Civil Application No. 12368 of 2018 before the Hon’ble High Court of
Gujrat and the Hon’ble High Court of Gujrat vide
Judgement dated the 26th September, 2018, has ordered that:
“12.
Accordingly, Impugned order dated 17.05.2018 of DGAD is set aside, as the same
is without reasons. The respondent authority shall decide the application
requesting a sunset review afresh, in accordance with law, within six months
from the date of receipt of the order. Till such a decision is taken, the
period of anti-dumping duty, which ceases to have effect on and from
09.10.2018, shall stand extended. Petition is allowed accordingly. Rule is made
absolute. Direct service is permitted.”
Now,
therefore, in exercise of the powers conferred by sub-sections (1) and (5) of
section 9A of the said 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 Hon’ble High Court Judgement dated the 26th September, 2018,
the Central Government hereby makes the following amendment 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, after paragraph 2 and before the Explanation, the
following paragraph shall be inserted, namely: -
“3. Notwithstanding anything contained in
paragraph 2, this notification, unless revoked earlier, shall remain in force
up to and inclusive of the 9th
April, 2019.”.
[F.
No. 354/3/2007-TRU (Pt. I)]