Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Amendment Rules, 2024
Seeks to amend Customs Tariff (Identification, Assessment and Collection Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995 to provide for New Shippers Review.
Government of India has issued Notification No. 51/2024-Customs (N.T.) on 23rd July 2024, amending the Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995. This amendment, effective from 24th July 2024, introduces Rule 23A, which provides for a New Shippers Review. This rule allows for periodic reviews to determine subsidy margins for exporters or producers not originally investigated but who wish to enter the Indian market. If such exporters or producers are found unrelated to those already subject to countervailing duties, the Central Government will not levy duties during the review period. However, provisional assessments and guarantees may be required. If the review determines subsidies, duties may be applied retrospectively from the review’s initiation date. The amendment also allows for extending existing duties to previously uninvestigated exporters if needed.
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
New Delhi
Notification No. 51/2024-Customs (N.T.) | Dated: 23rd July, 2024
G.S.R….(E).- In exercise of the powers conferred by sub-section (7) of section 9 and sub-section (2) of section 9B of the Customs Tariff Act, 1975 (51 of 1975), the Central Government hereby makes the following rules further to amend the Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995, namely :-
1. Short title and commencement. ² (1) These rules may be called the Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Amendment Rules, 2024.
(2) These rules shall come into force on the 24th day of July, 2024.
2. In the Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995, after rule 23, the following rule shall be inserted, namely:-
“23A. Subsidy margin for exporters not originally investigated.- (1) If a product is subject to countervailing duties, the designated authority shall carry out a periodical review for the purpose of determining individual subsidy margins for any exporters or producers in the exporting country in question who have not exported the product to India during the period of investigation, provided that these exporters or producers show that they are not related to any of the exporters or producers in the exporting country who are subject to the countervailing duties on the product.
(2) The Central Government shall not levy countervailing duties under sub-section (1) of section 9 of the Act on imports from such exporters or producers during the period of review as referred to in sub-rule (1):
Provided that the Central Government may resort to provisional assessment and may ask a guarantee from the importer, if the designated authority so recommends, and if such a review results in a determination of subsidy in respect of such products or exporters, it may levy duty in such cases retrospectively from the date of the initiation of the review.
(3) The countervailing duty already imposed for co-operative un-sampled exporters or producers may also be extended to such exporters or producers who were not originally investigated.”. [F. No. 334/03/2024-TRU]
(Nitish Karnatak)
Under Secretary to the Government of India.
Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), notification number 1/1995-Customs (N.T.), dated the 1st January, 1995, vide number G.S.R. 2(E), dated the 1st January,1995 and were last amended by notification number 83/2021-Customs (N.T.), dated the 27th October, 2021, vide number G.S.R. 760(E), dated the 27th October, 2021.
