Notification no 44/2019 Customs (Anti-Dumping Duty) date on 11th November, 2019 

 

 

Seeks to amend notification No. 1/2017-Customs dated 5th January, 2017 to insert S. Nos. 48 to 52 in the duty table to finalize the assessment of exports of jute products by M/s. Roman Jute Mills Ltd. (Producer/Exporter) and M/s SMP International, LLC,USA (Exporter/ Trader), M/s Aziz Fibres Limited (Producer/Exporter), M/s Natore Jute Mills (producer), Bangladesh and M/s PNP Jute trading LLC (Exporter/Trader), USA.   

 The extract of CUSTOMS (ADD) Notification No. 44/2019- CUSTOMS is given below: 

    Notification No. 44/2019-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. 44/2019-Customs (ADD)

 

New Delhi, the 11^th November, 2019

 

G.S.R. (E).- 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, in its final findings published in the Gazette of India, Extraordinary, Part I, Section I vide notification No. 14/19/2015-DGAD, 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;

 

(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 imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from, the subject countries and imported into India, in order to remove injury to the domestic industry;

 

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) had 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 28^th March, 2018, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 28^th March, 2018, had recommended provisional assessment of all exports of the subject goods made by the above stated party till the completion of the review by it, which was notified vide enabling Customs notification No. 24/2018-Customs (ADD) dated the 7^th May, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 428(E), dated the 7^th May, 2018;

 

And whereas, the designated authority, vide its final findings in notification No. 7/7/2018-DGAD, dated the 19^th September, 2019, published in the Gazette of India, Extraordinary, Part I, Section 1,

dated the 19^th September, 2019 has come to the conclusion that in the given circumstances and facts of the case, the producer/exporter can only be considered for an Anti-Dumping measure as recommended for the non-sampled category of exporters in the original investigation both for yarn and sacking bag and accordingly recommended that S. Nos. 48 and 49 be added to the existing duty table mentioned in notification No. 01/2017-Customs (ADD) dated 5^th January 2017:-

 

Sl	Heading	Description	Specifications	Country of	Country of	Producer		Exporter	Duty	Unit
No.		of goods *		Origin	Exports				Amount
(1)	(2)	(3)	(4)	(5)	(6)		(7)	(8)	(9)	(10)
	5307,		In all forms and			M/s. Roman		M/s  SMP		US$/M
48.	5310,	Sacking Bags		Bangladesh	Bangladesh	Jute	Mills	Internatio	125.21
			specifications							T
	5607 or 6305					Ltd.		nal, LLC
	5307,		In all forms and			M/s. Roman		M/s  SMP		US$/M
49.	5310,	Yarn		Bangladesh	Bangladesh	Jute	Mills	Internatio	97.19
			specifications							T
	5607 or 6305					Ltd.		nal, LLC

 

And whereas, M/s Aziz Fibres Limited (Producer/Exporter), Bangladesh had also 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. 7/25/2018-DGAD dated 2^nd July, 2018, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 2^nd July, 2018, had recommended provisional assessment of all exports of the subject goods made by the above stated parties till the completion of the review by it, which was notified vide enabling Customs notification No. 42/2018-Customs (ADD) dated the 24^th August, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 811(E), dated the 24^th August, 2018;

 

And whereas, the designated authority, vide its final findings in notification No. 7/25/2018-DGAD, dated the 3^rd October, 2019, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3^rd October, 2019 has concluded that given the facts and circumstances of the case, the producer/exporter can only be considered for an Anti-Dumping measure as recommended for the non-sampled category of exporters in the original investigation for yarn and accordingly recommended that S. No. 50 be added to the existing duty table mentioned in notification No. 01/2017-Customs (ADD) dated 5^th January 2017:-

 

Sl	Heading	Description	Specifications	Country of	Country of	Producer	Exporter	Duty	Unit
No.		of goods *		Origin	Exports			Amount
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
	5307,		In all forms and			M/sAziz	M/s  Aziz		US$/M
50.	5310,	Yarn		Bangladesh	Bangladesh	Fibres	Fibres	97.19
			specifications						T
	5607 or 6305					Limited	Limited

 

And whereas, M/s Natore Jute Mills (producer), Bangladesh and M/s PNP Jute trading LLC (Exporter/Trader), USA had 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. 7/24/2018-DGAD dated the 2^nd July, 2018, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 2^nd July, 2018, had recommended provisional assessment of all exports of the subject goods made by the above stated party till the completion of the review by it, which was notified vide enabling

Customs notification No. 41/2018-Customs (ADD) dated the 24^th August, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 811(E), dated the 24^th August, 2018;

 

And whereas, the designated authority, vide its final findings in notification No. 7/24/2018-DGAD, dated the 3^rd October, 2019, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3^rd October, 2019 has come to the conclusion that in the given circumstances and facts of the case, the producer/exporter can only be considered for an Anti-Dumping measure as recommended for the non-sampled category of exporters in the original investigation both for yarn and sacking bag and accordingly recommended that S. Nos. 51 and 52 be added to the existing duty table mentioned in notification No. 01/2017-Customs (ADD) dated 5^th January 2017:-

 

Sl	Heading	Description	Specifications	Country of	Country of	Producer	Exporter		Duty	Unit
No.		of goods *		Origin	Exports				Amount
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)		(9)	(10)
	5307,						M/s	PNP
			In all forms and			M/s  Natore	Jute			US$/M
51.	5310,	Sacking Bags		Bangladesh	Bangladesh				125.21
			specifications			Jute Mills	trading			T
	5607 or 6305
							LLC
	5307,						M/s	PNP
			In all forms and			M/s  Natore	Jute			US$/M
52.	5310,	Yarn		Bangladesh	Bangladesh				97.19
			specifications			Jute Mills	trading			T
	5607 or 6305
							LLC

 

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, read with rules 18 and 20 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 hereby makes the following further amendments in the notification of the Ministry of Finance (Department of Revenue) No. 01/2017-Customs (ADD), dated the 5^th of January, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 11(E), dated the 5^th of January, 2017, in the Table, after serial number 47 and the entries relating thereto, the following serial numbers and entries shall be inserted, namely:-

 

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

5307,

M/s. Roman

M/s

SMP

5310,

Sacking

In all forms and

US$/

“48.

Bangladesh

Bangladesh

Jute

Mills

Internation

125.21

5607

or

Bags

specifications

MT

Ltd.

al, LLC

6305

5307,

M/s. Roman

M/s

SMP

5310,

In all forms and

US$/

49.

Yarn

Bangladesh

Bangladesh

Jute

Mills

Internation

97.19

5607

or

specifications

MT

Ltd.

al, LLC

6305

5307,

M/s

Aziz

M/s

Aziz

5310,

In all forms and

US$/

50.

Yarn

Bangladesh

Bangladesh

Fibres

Fibres

97.19

5607

or

specifications

MT

Limited

Limited

6305

5307,

M/s

PNP

5310,

Sacking

In all forms and

M/s

Natore

US$/

51.

Bangladesh

Bangladesh

Jute trading

125.21

5607

or

Bags

specifications

Jute Mills

MT

LLC

6305