CUSTOMS (ADD) Notification No 10 of 2023 dated 12th October, 2023

Notification no 10/2023 Customs (Anti-Dumping Duty) date on 12th October, 2023

Seeks to impose Anti-dumping duty on imports of flax yarn of below 70 lea count originating in or exported from China PR 

The extract of CUSTOMS (ADD) Notification No. 10/2023- CUSTOMS is given below: 

 Notification No. 10/2023-CUSTOMS (anti-dumping duty) 

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)] 

GOVERNMENT OF INDIA 

MINISTRY OF FINANCE 

(DEPARTMENT OF REVENUE) 

NOTIFICATION No. 10/2023-Customs (ADD)

New Delhi, the 12^th October, 2023

G.S.R. …(E).- Whereas, the designated authority, vide notification No. 7/03/2023-DGTR, dated the 31^st March, 2023, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31^st March, 2023, had initiated the review in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), read with rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in the matter of continuation of anti-dumping duty on imports of “flax yarn of below 70 lea count” (hereinafter referred to as the subject goods) falling under Tariff Sub-headings 5306 10 or 5306 20 of the First Schedule to the Customs Tariff Act, originating in or exported from China PR (hereinafter referred to as the subject country) initially imposed, vide notification of the Government of India, Ministry of Finance (Department of Revenue), No. 53/2018-Customs (ADD), dated the 18^th October, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 1044(E), dated the 18^th October, 2018;

And whereas, in the matter of review of anti-dumping duty on imports of the subject goods, originating in or exported from the subject countries, the designated authority in its final findings, published, vide notification No. 7/03/2023-DGTR, dated the 16^th July, 2023, published in the Gazette of India, Extraordinary, Part-I, Section 1, dated the 17^th July, 2023, has come to the conclusion that,-

(i)          there is likelihood of continuation or recurrence of dumping and injury in case the anti-dumping duty in force is allowed to cease at this stage;

(ii)         the likelihood analysis shows that significant exports of the subject goods from the subject country to third countries other than India are at dumped and injurious prices;

(iii)         there is significant price attractiveness to make exports to India as price to third countries are below the price to India;

and has recommended continued imposition of the anti-dumping duty on imports of the subject goods, originating in or exported from the subject country, in order to remove injury to the domestic industry.

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 read with rules 18, 20 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 supersession of the notification of the Government of India, Ministry of Finance (Department of Revenue), No. 53/2018-Customs (ADD), dated the 18^th October, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 1044(E), dated the 18^th October, 2018, the Central Government, after considering the aforesaid final findings of the designated authority, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, falling under Tariff Item of the First Schedule to the Customs Tariff Act as specified in the corresponding entries in column (2), originating in the country as specified in the corresponding entries in column (4), exported from the country as specified in the corresponding entries in column (5), produced by the producers as specified in the corresponding entries in column (6), an anti-dumping duty at the rate equal to the amount as indicated in the corresponding entries in column (7), in the unit as specified in the corresponding entries in column (8), namely :-

                                                  TABLE                

1. The anti-dumping duty imposed under this notification shall be levied for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette and shall be payable in Indian currency.

Explanation.- For the purposes of this notification, rate of exchange applicable for the purpose of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.

[F. No. CBIC-190354/194/2023-TRU]

(Vikram Vijay Wanere) 

Under Secretary