Introduction: The Ministry of Finance, Department of Revenue, has issued Notification No. 13/2023 -Customs (ADD) on 22nd November, 2023. This notification follows a review initiated under the Customs Tariff Act, 1975, regarding the anti-dumping duty on imports of ‘Natural Mica-based Pearl Industrial Pigments excluding cosmetic grade’ from China.
Detailed Analysis: The designated authority, as per initiation notification 7/17/2022-DGTR, recommended a mid-term review of the existing duty on the mentioned products. The final findings, published on 27th September, 2023, propose modifications to the duty table in the previous notification No. 47/2021 – Customs (ADD), dated 26th August, 2021.
The amendment substitutes the existing table with a new one, specifying tariff items, product description, country of origin, export, producer details, and duty amounts in US dollars per metric ton. Notably, the changes impact various producers, including Fujian Kuncai Material Technology, Zhejiang Coloray Technology Development, Henan Lingbao New Materials Technology, and others.
The amendments aim to address concerns related to anti-dumping duty on ‘Natural Mica-based Pearl Industrial Pigments,’ with a focus on duty redetermination and modifications to the duty table.
Conclusion: In exercising powers conferred by the Customs Tariff Act, the Central Government has made crucial amendments to the duty structure concerning ‘Natural Mica-based Pearl Industrial Pigments’ originating from China. The changes, outlined in Notification No. 13/2023, reflect the government’s commitment to fair trade practices and align with the findings of the mid-term review. Businesses involved in the import and export of these products need to stay informed about the updated duty structure to ensure compliance with the latest regulations.
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MINISTRY OF FINANCE
(Department of Revenue)
Notification No. 13/2023 -Customs (ADD) |Dated: 22nd November, 2023
G.S.R. 860(E).—Whereas, the designated authority vide initiation notification number 7/17/2022-DGTR, dated the 30th September, 2022, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 30th September, 2022, had initiated review under sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act) read with rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said rules), regarding the need for redetermination of duty in the matter of anti-dumping duty imposed on imports of ‘Natural mica-based pearl industrial pigments excluding cosmetic grade’ (hereinafter referred to as the subject goods) originating in or exported from China PR (hereinafter referred to as the subject country) vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 47/2021 – Customs (ADD), dated the 26th August, 2021, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 590(E), dated the 26th August, 2021;
And whereas, the designated authority in its final findings in the mid-term review vide notification No. 7/17/2022-DGTR, dated the 27th September, 2023, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th September, 2023, has recommended modification of existing duty table in notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 47/2021 – Customs (ADD), dated the 26th August, 2021, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number
G.S.R. 590(E), dated the 26th August, 2021;
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 said rules, the Central Government hereby makes the following further amendment in the notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 47/2021 – Customs (ADD), dated the 26th August, 2021, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 590(E), dated the 26th August, 2021, namely:-
In the said notification, for the Table, the following shall be substituted, namely: –
“TABLE
Sl.No. |
Tariff Item |
Description |
Country of Origin |
Country of Export |
Producer |
Amount |
Unit |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
1 |
32064990, 32061900, 32041759, 32041739, 32041720, 32041790, 32071040, 32061110, 32061190 |
Natural Mica based Pearl Industrial Pigments excluding cosmetic grade |
China PR |
Any country including China PR |
Fujian Kuncai Material Technology Company Limited |
299 |
Per MT |
US$ |
2 |
-do- |
-do- |
China PR |
Any country including China PR |
Zhejiang Coloray Technology Development Co., Ltd. |
2913 |
Per MT |
US$ |
3 |
-do- |
-do- |
China PR |
Any country including China PR |
Henan Lingbao New Materials Technology Co., Ltd |
2353 |
Per MT |
US$ |
4 |
-do- |
-do- |
China PR |
Any country including China PR |
Any producer other than serial no 1 to 3 |
3144 |
Per MT |
US$ |
5 |
-do- |
-do- |
Any country other than China PR |
China PR |
Any Producer |
3144 |
Per MT |
US$”. |
[F. No. CBIC-190354/148/2021-TRU]
NITISH KARNATAK, Under Secy.
Note : The principal notification No. 47/2021-Customs (ADD), dated the 26th August, 2021, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 590(E), dated the 26th August, 2021 and last amended vide notification No. 70/2021-Customs (ADD), dated the 17th December, 2021, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 863(E), dated the 17th December, 2021.