GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(Department of Revenue)
Notification No. 18/2019-Customs (ADD)
New Delhi, the 10th April, 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 4
th 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 9
th April, 2019 vide notification of the Government of India in the Ministry of
Finance (Department of Revenue),
No. 51/2018-Customs (ADD) dated the 9
th October, 2018,
published in the Gazette of India, Extraordinary, Part I, Section 1, Sub-section (i) vide number
G.S.R. 1012 (E), dated the 9
th October, 2018;
And whereas, the designated authority had initiated the review investigation vide
notification No. F.No.7/18/2018-DGAD, dated the 9
th October, 2018, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 9
th 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 1
st 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, M/s Jindal Saw Limited filed a Special Civil Application No. 6896 of 2019
before the Hon’ble High Court of Gujarat and the Hon’ble High Court of Gujarat vide Judgement
dated the 5
th April, 2019, has ordered that-
“1) the final finding impugned in this proceeding may not be acted upon till the next date of
hearing.
2) the extension of anti-dumping duty ordered under the notification dated 09/10/2018 be further
extended by respondent-Union of India for appropriate period, not less than one month from
09/04/2019”.
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 5
th
April, 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 “9
th April, 2019",
the figures, letters and words "9th May 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 subsequently amended vide
notification
No.51/2018-Customs dated the 9
th 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 9
th October, 2018.
|