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 Notification No.55/2019 Central Board Of Indirect Taxes And Customs
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 Notification No. 03/2019-Customs (ADD) Ministry of Finance
 Notification No.3/2019 - Customs Central Board Of Indirect Taxes And Customs
 
 
 

Notification No. 03/2019-Customs (ADD) Ministry of Finance
January, 16th 2019
[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. 03/2019-Customs (ADD)

                                                                New Delhi, the 15th January, 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 20th 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 5th 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 5th January, 2017;

       And whereas, M/s. Janata Jute Mills Limited (Producer) 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. 7/10/2017-DGAD, dated the 1st January, 2018, published in the Gazette
of India, Extraordinary, Part I, Section I, dated the 1st January, 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.
30/2018-Customs (ADD) dated the 30th May, 2018, published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 514(E), dated the 30th May,
2018;






       And whereas, the designated authority, vide its final findings in notification No.
7/10/2017-DGAD, dated the 22nd November, 2018, published in the Gazette of India,
      Extraordinary, Part I, Section 1, dated the 22nd November, 2018 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 and accordingly recommended that entry 47 be added to the existing duty
      table of the notification No. 14/19/2015-DGAD, dated the 20th October, 2016 as under:-

                Descript
Sl                                           Country of    Country of                             Duty
      Heading    ion of    Specifications                                Producer     Exporter              Unit
No.                                            Origin       Exports                              Amount
                goods *
(1)     (2)        (3)           (4)             (5)           (6)          (7)          (8)        (9)     (10)
      5307,
                            In all forms                          Janata     Janata
      5310,     Sacking                                                                                     US$/
47.                             and         Bangladesh Bangladesh Jute Mills Jute Mills 125.21
      5607 or    Bags                                                                                       MT
                           specifications                         Ltd.       Ltd.
      6305

      And whereas, M/s. Aman Jute Fibrous Ltd. (Producer) and M/s IB Jute Corporation (Exporter/
      Trader) 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. 7/23/2017-DGAD, dated the 24th January,
      2018, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 24 th January,
      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. 31/2018-Customs (ADD) dated the 30th May, 2018, published in the
      Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 515(E),
      dated the 30th May, 2018;

      And whereas, the designated authority, vide its final findings in notification No. 7/232017-
      DGAD, dated the 22nd November, 2018, published in the Gazette of India, Extraordinary, Part I,
      Section 1, dated the 22nd November, 2018 terminated the New Sipper Review investigation for
      M/s. Aman Jute Fibrous Ltd. (Producer) and M/s IB Jute Corporation (Exporter/ Trader) and
      recommended that the producer/exporter would continue to be assessed as per residual category
      of duty table of the notification No. 01/2017-Customs (ADD), dated the 5th January, 2017;






      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 5th 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 5th of January, 2017, namely:-
      In the said notification,-
      (i) in the Table, after Serial number 46 and the entries relating thereto, the following
          serial number and entries shall be inserted, namely:-
(1)    (2)         (3)            (4)             (5)            (6)           (7)          (8)        (9)   (10)
     5307,
                             In all forms                           Janata     Janata
     5310,       Sacking                                                                         US$/
"47.                             and          Bangladesh Bangladesh Jute Mills Jute Mills 125.21
     5607 or      Bags                                                                           MT";
                            specifications                          Ltd.       Ltd.
     6305


      (ii) after the Table and the entries relating thereto, the following Explanation shall be inserted,
           namely:-

         "Explanation.- For the purposes of this notification, the exports of subject goods by M/s.
         Aman Jute Fibrous Ltd. (Producer) and M/s IB Jute Corporation (Exporter/ Trader) shall be
         finally assessed under the residual categories specified in the above Table.".


                                                                              [F. No. 354/211/2016-TRU]



                                                                                  (Gunjan Kumar Verma)
                                                              Under Secretary to the Government of India

      Note.- The principal notification No. 01/2017-Customs (ADD), dated the 5th January, 2017 was
      published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number
      G.S.R. 11(E), dated the 5th January, 2017 and was last amended by notification No. 11/2017-
      Customs (ADD), dated the 3rd April, 2017, published in the Gazette of India, Extraordinary, Part
      II, Section 3, Sub-section (i), vide number G.S.R 330 (E), dated the 3rd April, 2017.

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