GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE
Notification No. 24/2019-Customs (ADD)
New Delhi, the 18th June, 2019
G.S.R. (E).- Whereas, in the matter of levy of anti-dumping duty on import of
Jute Products namely, Jute Yarn/Twine (multiple folded/cabled and single),
Hessian fabric, and Jute sacking bags, 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 or Nepal and imported into India, the designated
authority in its final findings vide notification No.14/9/2015-DGAD, dated 20th
October, 2016, published in the Gazette of India, Extraordinary, Part I, Section
1, dated the 20th October, 2016, had recommended imposition of the anti-dumping
duty on Jute Products namely, Jute Yarn/Twine (multiple folded/cabled and
single), Hessian fabric, and jute sacking bags originating in or exported from
Bangladesh or Nepal.
And whereas, on the basis of the aforesaid final
findings of the designated authority, the Central Government had imposed an
anti-dumping duty on Jute Products namely, Jute Yarn/Twine (multiple
folded/cabled and single), Hessian fabric, and Jute sacking bags originating in
or exported from Bangladesh or Nepal, vide, notification of the Government of
India in the Ministry of Finance (Department of Revenue),
No.
1/2017-Customs(ADD), dated the 5th January,2017, published in the Gazette of
India, Extraordinary, Part II, Section 3, SubSection (i), vide number G.S.R.
11(E), dated the 5th January 2017;
And whereas, the designated authority
vide notification No.7/3/2018-DGAD, dated the 20th March 2018., in the matter of
circumvention of the anti-dumping duty imposed on imports of jute sacking bags,
had initiated an investigation to determine the need for extending antidumping
duty imposed on the imports of jute sacking bags originating in or exported from
Bangladesh, vide, notification of the Government of India in the Ministry of
Finance (Department of Revenue),
No. 1/2017-Customs(ADD), dated the 5th
January.2017, published vide number G.S.R. 11(E), dated the 5th January 2017, to
the imports of “Jute sacking cloth” (hereinafter referred to as the subject
goods) falling under tariff heading 5310 of the First Schedule to the Customs
Tariff Act, originating in or exported from Bangladesh;
And whereas, the
designated authority in its final findings, published vide notification No.
7/3/2018-DGAD dated the 19th March 2019, in the Gazette of India, Extraordinary,
Part I, Section 1, has come to the conclusion that-
(i) imports of
sacking cloth have increased post levy of anti-dumping duty;
(ii) the
value addition in converting sacking cloth to sacking bag is much less than the
prescribed threshold in the Customs Tariff (Identification, Assessment and
Collection of Anti-Dumping Duty on Dumped Articles and for Determination of
Injury) Rules, 1995 Rules.
(iii) the import of sacking cloth has
undermined the remedial effect of existing antidumping measure of on sacking
bags imposed vide
notification No. 01/2017-Customs (ADD) dated 5the January,
2017, published vide number G.S.R. 11(E), dated the 5th January 2017.
and
has recommended extension of the existing anti-dumping duty on sacking bags
imposed vide aforesaid notification No. 01/2017 – Customs (ADD), dated the 5th
January, 2017 on jute sacking cloth.
Now, therefore, in exercise of the
powers conferred by sub-sections (1), (1A) and (5) of section 9A of the Customs
Tariff Act, read with rule 27 of the Customs Tariff (Identification, Assessment
and Collection of Anti-dumping Duty on Dumped Articles and for Determination of
Injury) Rules, 1995 Rules, the Central Government, after considering the
aforesaid final findings of the designated authority, hereby imposes on the
subject goods, the description of which is specified in column (3) of the Table
below, falling under the tariff heading of the First Schedule to the Customs
Tariff Act as specified in the corresponding entry in column (2), originating in
the countries as specified in the corresponding entry in column (5), exported
from the countries as specified in the corresponding entry in column (6),
produced by the producers as specified in the corresponding entry in column
(7), exported by the exporters as specified in the corresponding entry in column
(8), and imported into India, an anti-dumping duty at the rate equal to the
amount as specified in the corresponding entry in column (9) in the currency as
specified in the corresponding entry in column (10) and as per unit of
measurement as specified in the corresponding entry in column (10) of the said
Table, namely
Sl. No. |
Heading |
Description of good |
Specifications |
Country of Origin |
Country of Exports |
Producer |
Exporter |
Duty Amount |
Unit |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1 |
5310 |
Sacking cloth |
In all forms and specification |
Bangladesh |
Bangladesh |
Hasan Jute Mills Ltd |
Hasan Jute Mills Ltd |
Nil |
US$ /MT |
2 |
5310 |
Sacking cloth |
-do- |
Bangladesh |
Bangladesh |
Janata Jute Mills Ltd |
Janata Jute Mills Ltd |
125.21 |
US$ /MT |
3 |
5310 |
Sacking cloth |
-do- |
Bangladesh |
Bangladesh |
Producers whose dumping margin is deminimis/ negative as
per list below* |
Nil |
US$ /MT |
4 |
5310 |
Sacking cloth |
-do- |
Bangladesh |
Bangladesh |
Non Sampled Producers/ exporters as per list below** |
125.21 |
US$ /MT |
5 |
5310 |
Sacking cloth |
-do- |
Bangladesh |
Bangladesh |
Any combination other than
mentioned in Sl. Nos. 1 to 4 above |
138.97 |
US$ /MT |
6 |
5310 |
Sacking cloth |
-do- |
Bangladesh |
Any country other than those subject to antidumping duty |
Any |
Any |
138.97 |
US$ /MT |
7 |
5310 |
Sacking cloth |
-do- |
Any country other than those subject to antidumping duty |
Bangladesh |
Any |
Any |
138.97 |
US$ /MT |
* List of producers whose dumping margin is de-minimis/ negative:
(1) M/s
Mouna Jute Mills Ltd. (2) M/s Arnu Jute Mills Ltd. (3) M/s Rahman Jute
Mills (Pvt.) Ltd. (4) M/s Jamuna Jute Mills Industries Ltd. (5) M/s Sagar
Jute Spinning Mills Ltd. (6) M/s Sidlaw Textiles (Bangladesh) Ltd. (7) M/s
Partex Jute Mills Ltd. Bangladesh (8) M/s Asha Jute Industries Ltd. (9)
M/s Nawhata Jute Mills Ltd. (10) M/s Mymensingh Jute Mills Ltd
** List
of non-sampled producers/exporters:
(1) Rahman Jute Mills (Pvt.) Ltd.
(2) Shamsher Jute Mills Ltd. (3) Golden Jute Industries Ltd. (4) Purabi
Trading (5) Sonali Aansh Trading (Pvt.) Ltd. (6) Rajbari Jute Mills Ltd.
(7) Nowapara Packaging Industries Ltd. (8) Nowapara Jute Mills Ltd. (9)
Usha jute Spinners Ltd. (10) B.S. Jute Spinners Ltd. (BSJSL) (11) Madina
Jute Industries Ltd. (12) Northern Jute Manufacturing Company Limited (13)
Jute Spinners Ltd. (14) M/s Nawab Abdul Malek Jute Mills (BD) Ltd.
2.
The anti-dumping duty imposed under this notification shall not apply, if-
(i) the goods are imported by a manufacturer of goods, other than those
making jute sacking bags; (ii) the importer follows the procedure set out in
the Customs (Import of Goods at Concessional Rate of Duty), Rules, 2017; and
(iii) the importer furnishes an undertaking to the Deputy Commissioner of
Customs or the Assistant Commissioner of Customs, as the case may be, stating as
under:- (a) the intended use for imported goods; (b) that the imported
jute sacking cloth shall not be used for conversion to jute sacking bag; and
(c) that in case he fails to comply with sub-clause (b), he shall pay an amount
equal to the duty leviable, on the goods imported, under this notification.
3. The anti-dumping duty imposed under this notification shall be
co-terminus with the antidumping duty on jute sacking bags as levied vide
aforesaid
notification No. 1/2017-Customs (ADD) dated the 5th January, 2017,
published vide number G.S.R. 11(E), dated the 5th January 2017, andthe
anti-dumping duty shall be paid in Indian currency.
Explanation.- For the
purposes of this notification, rate of exchange applicable for the purposes of
calculation of such anti-dumping duty shall be the rate which is specified in
the notification of the Government of India, in the Ministry of Finance
(Department of Revenue), issued from time to time, in exercise of the powers
conferred by section 14 of the Customs Act, 1962 (52 of 1962), and the relevant
date for the determination of the rate of exchange shall be the date of
presentation of the bill of entry under section 46 of the said Customs Act.
[F.No.354/211/2016-TRU]
(Gunjan Kumar Verma) Under Secretary to the
Government of India
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