CUSTOMS (ADD) Notification No 21 of 2019 dated 9th May, 2019
seeks to amend notification No. 23/2013-Customs(ADD), dated the 10th October, 2013 to extend the anti-dumping duty on ductile iron pipes originating in, or exported from China PR till 23rd June, 2019.
The extract of CUSTOMS (ADD) Notification No. 21/2019- CUSTOMS is given below:
Notification No. 21/2019-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. 21/2019-Customs (ADD)
New Delhi, the 9th May, 2019
G.S.R. (E).- 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 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, in pursuance of the Judgement dated the 26th September, 2018 of Hon’ble High Court of Gujarat in the matter of Special Civil Application No. 12368 of 2018, filed by M/s Jindal Saw Limited, the Central Government had extended the anti-dumping duty on the subject goods upto the 9th April, 2019 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 51/2018-Customs (ADD) dated the 9th October, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 1012 (E), dated the 9th October, 2018;
And whereas, the designated authority had initiated the review investigation vide notification No. 7/18/2018-DGAD, dated the 9th October, 2018, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 9th October, 2018, concerning imports of ‘Ductile Iron Pipes’ originating in or exported from China PR;
And whereas, on completion of review investigation, the designated authority issued final finding vide notification No. 7/18/2018-DGAD, dated the 1st April, 2019, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st April, 2019 concerning imports of ‘Ductile Iron Pipes’ originating in or exported from China PR and the designated authority vide the said findings concluded that continuation of anti-dumping duty is not warranted and did not recommend further extension of anti-dumping duty on import of ‘Ductile Iron Pipes’ originating in or exported from China PR;
And whereas, in pursuance of the Judgement dated the 5th April, 2019 of Hon’ble High Court of Gujarat in the matter of Special Civil Application No. 6896 of 2019, filed by M/s Jindal Saw Limited, the Central Government had extended the anti-dumping duty on the subject goods upto the 9th May, 2019 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 18/2019-Customs (ADD), dated the 10th April, 2019, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 299 (E), dated the 10th April, 2019;
And whereas, the Hon’ble High Court of Gujarat in the matter Special Civil Application No. 6896 of 2019, filed by M/s Jindal Saw Limited vide order dated the 3rd May, 2019, has further ordered that-
“this Court deems it fit to direct the authority to extend the Anti-Dumping Notification for further period of 45 days from 09.05.2019, so that both the sides may have sufficient time to make submissions and take their further recourse after the judgment is rendered in this matter, as otherwise also, the original time of one year, which is available for continuing the Anti-dumping Duty, is available till 08.10.2019, therefore, such an extension would in no way prejudice to anyone.”
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 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 order of the Hon’ble High Court of Gujarat dated the 3rd May, 2019, the Central Government hereby makes the following further amendments 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, in paragraph 3, for the figures, letters and words “9th May 2019", the figures, letters and words "23rd June 2019" shall be substituted.
[F. No. 354/3/2007-TRU (Pt. I)]
(Ruchi Bisht)
Under Secretary to the Government of India
Note:- The principal notification No. 23/2013- Customs (ADD), dated the 10th October, 2013 was 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 last amended vide notification No.18/2019-Customs (ADD) dated the 10th April, 2019, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i) vide number G.S.R. 299(E), dated the 10th April, 2019.