Seeks to further amend notification No. 1/2017-Customs(ADD) dated 5th January, 2017 to prescribe ADD on exports from Janata Jute Mills Ltd., M/s. Aman Jute Fibrous Ltd. (Producer) and M/s IB Jute Corporation on the basis of final findings of the Designated Authority in this regard.

Government of India
Ministry of Finance
(Department of Revenue)

Notification No. 03/2019-Customs (ADD)

New Delhi, the 15th January, 2019

G.S.R. 32(E).—- Whereas, in the matter of import of Jute Products‟ namely, Jute Yarn/Twine (multiple folded/cabled and single), Hessian fabric, and Jute sacking bags (hereinafter referred to as the subject goods) 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 and Nepal (hereinafter referred to as subject countries) and imported into India, the designated authority, in its final findings published in the Gazette of India, Extraordinary, Part I, Section I vide notification No. 14/19/2015-DGAD, dated the 20th October, 2016, had come to the conclusion that-

(i) there is dumping of subject goods from the subject countries;

(ii) imports from subject countries are undercutting and suppressing the prices of the domestic industry;

(iii)performance of domestic industry has deteriorated in the terms of profitability return on investments and cash flow;

(iv) injury to domestic industry has been caused by dumped imports, and had recommended imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from, the subject countries and imported into India, in order to remove injury to the domestic industry;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 01/2017-Customs (ADD), dated the 5th January, 2017, published vide number G.S.R. 11(E), in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 5th January, 2017;

And whereas, M/s. Janata Jute Mills Limited (Producer) had requested for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in respect of exports of the subject goods made by them, and the designated authority, vide new shipper review notification No. 7/10/2017-DGAD, dated the 1st January, 2018, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 1st January, 2018, had recommended provisional assessment of all exports of the subject goods made by the above stated party till the completion of the review by it, which was notified vide enabling Customs notification No. 30/2018-Customs (ADD) dated the 30th May, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 514(E), dated the 30th May, 2018;

And whereas, the designated authority, vide its final findings in notification No. 7/10/2017-DGAD, dated the 22nd November, 2018, published in the Gazette of India,

Extraordinary, Part I, Section 1, dated the 22nd November, 2018 has come to the conclusion that in the given circumstances and facts of the case, the producer/exporter can only be considered for an Anti-Dumping measure as recommended for the non-sampled category of exporters in the original investigation and accordingly recommended that entry 47 be added to the existing duty table of the notification No. 14/19/2015-DGAD, dated the 20th October, 2016 as under:-

Sl
No.
Heading
Descript
ion of
goods *
Specifications
Country of
Origin
Country of
Exports
Producer
Exporter
Duty Amount
Unit
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
47.
5307, 5310, 5607 or 6305
Sacking Bags
In all forms and specifications
Bangladesh
Bangladesh
Janata Jute Mills Ltd.
Janata Jute Mills Ltd.
125.21
US$/ MT

And whereas, M/s. Aman Jute Fibrous Ltd. (Producer) and M/s IB Jute Corporation (Exporter/ Trader) had also requested for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in respect of exports of the subject goods made by them, and the designated authority, vide new shipper review notification No. 7/23/2017-DGAD, dated the 24th January, 2018, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 24th January, 2018, had recommended provisional assessment of all exports of the subject goods made by the above stated parties till the completion of the review by it, which was notified vide enabling Customs notification No. 31/2018-Customs (ADD) dated the 30th May, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 515(E), dated the 30th May, 2018;

And whereas, the designated authority, vide its final findings in notification No. 7/232017-DGAD, dated the 22nd November, 2018, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 22nd November, 2018 terminated the New Sipper Review investigation for M/s. Aman Jute Fibrous Ltd. (Producer) and M/s IB Jute Corporation (Exporter/ Trader) and recommended that the producer/exporter would continue to be assessed as per residual category of duty table of the notification No. 01/2017-Customs (ADD), dated the 5th January, 2017;

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 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government hereby makes the following further amendments in the notification of the Ministry of Finance (Department of Revenue) No. 01/2017-Customs (ADD), dated the 5th of January, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 11(E), dated the 5th of January, 2017, namely:-

In the said notification,-

(i) in the Table, after Serial number 46 and the entries relating thereto, the following serial number and entries shall be inserted, namely:-

(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
“47.
5307, 5310, 5607 or 6305
Sacking Bags
In all forms and specifications
Bangladesh
Bangladesh
Janata Jute Mills Ltd.
Janata Jute Mills Ltd.
125.21
US$/ MT”;

(ii) after the Table and the entries relating thereto, the following Explanation shall be inserted, namely:-

“Explanation.- For the purposes of this notification, the exports of subject goods by M/s. Aman Jute Fibrous Ltd. (Producer) and M/s IB Jute Corporation (Exporter/ Trader) shall be finally assessed under the residual categories specified in the above Table.”.

[F. No. 354/211/2016-TRU]

(Gunjan Kumar Verma)
Under Secretary to the Government of India

Note.- The principal notification No. 01/2017-Customs (ADD), dated the 5th January, 2017 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 11(E), dated the 5th January, 2017 and was last amended by notification No. 11/2017-Customs (ADD), dated the 3rd April, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 330 (E), dated the 3rd April, 2017.

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