CUSTOMS (ADD) Notification No 37 of 2019 dated 16th September, 2019

Notification no 37/2019 Customs (Anti-Dumping Duty) date on 16th September, 2019

 

Seeks to impose the definitive anti-dumping duty on the imports of "Electrical Insulators" originating in, or/and exported from China PR. 

 The extract of CUSTOMS (ADD) Notification No. 37/2019- CUSTOMS is given below: 

    Notification No. 37/2019-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. 37/2019-Customs (ADD) 

 

New Delhi, the 14th September, 2019

 

G.S.R…. (E). - Whereas, the designated authority, vide notification No. 7/44/2018-DGTR, dated the 10th January, 2019 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 10th January, 2019, 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), and in pursuance of 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 ‘Electrical Insulators of Glass or Ceramics/Porcelain, whether assembled or unassembled’ (hereinafter referred to as the subject goods) falling under the tariff item 8546 10 00 or sub-heading 8546 20 of the First Schedule to the Customs Tariff Act, originating in, and/or exported from People’s Republic of China (hereinafter referred to as the subject Country), imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 11/2015- Customs (ADD), dated the 11th April, 2015; 

And whereas, in the matter of review of anti-dumping duty on imports of the subject goods, originating in or exported from the subject Country, the Designated Authority in its final findings, published vide notification No. F. No. 7/44/2018-DGTR, dated the 17th July, 2019 published in the Gazette of India, Extraordinary, Part- I, Section 1, dated the 17th July, 2019 has come to the conclusion that: -

 

(i)     The product under consideration continues to be imported at the dumped prices from the subject Country; 

(ii)   The domestic industry has suffered continued injury on account of dumped imports; 

(iii)The continued injury to the domestic industry is on account of dumped imports and is likely to continue if the anti-dumping duties from subject country cease to exist;  

(iv) The information on record clearly shows likelihood of continuation of dumping and injury in case the anti-dumping duty in force is allowed to cease at this stage; 

and has recommended continued imposition of the anti-dumping duty on the subject goods, originating in or exported from the subject country. 

 

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, 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 the sub-heading or tariff item of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country and/or exported from the country as specified in the corresponding entry in column (4), produced by the producers as specified in the corresponding entry in column (5), imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (6), in the currency as specified in the corresponding entry in column (8) and as per unit of measurement as specified in the corresponding entry in column (7) of the said Table, namely:-

                                                                                   TABLE 

Sl.

Sub-

 

Description of

 

Country of

Producer

Amount

Unit

Currenc

No.

heading/

 

Goods

 

Origin and/or

 

 

 

y

 

Tariff

 

 

 

Export

 

 

 

 

 

Item

 

 

 

 

 

 

 

 

(1)

(2)

(3)

 

(4)

(5)

(6)

(7)

(8)

1.

8546 10

 

Electrical

 

People’s

M/s. Liling

638

Metric

United

 

00 or

 

Insulators of

 

Republic of

Huaxin

 

Tonnes

States

 

8546 20

 

Glass, or

 

China

Insulator

 

 

Dollar

 

 

 

Ceramics/Porce

 

 

Technology

 

 

 

 

 

 

lain, whether

 

 

Co., Ltd

 

 

 

2.

 

 

assembled or

 

People’s

Any Other

1,383

Metric

United

 

 

 

unassembled

 

Republic of

 

 

Tonnes

States

 

 

 

 

 

China

 

 

 

Dollar

 

Note: Electrical  Insulators  of  Glass,  or  Ceramics/Porcelain,  whether  assembled  or  unassembled,  as mentioned in column (3) above, do not include the following, namely:- 

(i)                 Telephone or telegraph insulators of voltage rating up to 1 KV;

(ii)               Electrical or electronic appliances/device insulators of voltage rating up to 1 KV; 

(iii)             Composite insulators; and

(iv)             Condenser bushings and transformer.

 

  1. The anti-dumping duty imposed under this notification shall be effective 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 paid in Indian currency.

 

Explanation.- For the purposes of this notification, rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, in the 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.354/111/2014 –TRU (Pt2)] 

 

(Ruchi Bisht)

Under Secretary to the Government of India

 

 

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