Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Amendment Rules, 2021

Budget 2021- Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Amendment Rules, 2021 – Notification No. 11/2021-Customs (N.T.) Dated 1^st February, 2021.

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Notification No. 11/2021-Customs (N.T.)

New Delhi, the 1^st February, 2021

G.S.R. 76(E).– In exercise of the powers conferred by sub-section (7) of section 9 and sub­section (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. — (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, 2021.

(2)  Save as otherwise provided in these rules, they shall come into force on the 2^nd February, 2021.

2. In the Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995,-

(a) in rule 2, in clause (b), after the word “thereof”, the words ‘, the term “domestic industry” may be interpreted as referring to the rest of the producers’ shall be inserted;

(b) in rule 6, in sub-rule (4), for the words “Collector of Customs”, the words “Principal Commissioner of Customs or Commissioner of Customs, as the case may be,” shall be substituted;

(c) in rule 24, –

(i) with effect from the 1^st day of July, 2021, in sub-rule (4), the following proviso shall be inserted, namely: –

“Provided that notwithstanding anything contained in rule 19, such review shall be completed at least three months prior to expiry of the countervailing duty under review.”;

(ii) for sub-rule (5), the following sub-rule shall be substituted, namely-

“(5) Subject to sub-rule (4), the provisions of rules 7,8,9,10,11,12,13,18,19,20,21 and 22 shall apply mutatis mutandis in case of review.”;

(d) in rule 26, after sub-rule (4), the following sub-rule shall be inserted, namely: –

“(4A) The Central Government may, on recommendation of the designated authority, resort to provisional assessment of the imports of the article alleged to be circumventing a countervailing duty in force and may ask a guarantee from the importer, till the time a decision under sub-rule (3) of rule 27 is taken by the Central Government.”;

(e) with effect from the 1^st day of July, 2021, in rule 28, in sub-rule (2), the following proviso shall be inserted, namely: –

“Provided that such review shall be completed at least three months prior to expiry of the duty under review.”.

[F.No.334/02/2021-TRU]
(Rajeev Ranjan)
Under Secretary to the Government of India.

Note:- The principal rules were published vide notification number 1/1995-Customs (N.T), dated the 1st day of January, 1995, in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 2(E), dated the 1^st day of January,1995 and were last amended vide notification number 10/2020-Customs (N.T), dated the 2^nd February, 2020, vide number G.S.R. 74(E), dated the 2nd February, 2020.