|
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
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 26
th 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 II, Section 3, 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. 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 1
st 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, in pursuance of the Judgement dated the 5
th 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 9
th 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 3
rd 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 3
rd
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 “9
th May 2019", the
figures, letters and words "23
rd 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.
|