Anti dumping duty on jute sacking cloth import from Bangladesh

Seeks to levy anti dumping duty on jute sacking cloth under tariff heading 5310 originating in or exported from Bangladesh to prevent the circumvention of levy of anti dumping duty levied on jute sacking bags vide notification No. 1/2017-Customs(ADD) dated 5th January, 2017.

GOVERNMENT OF INDIA
MINISTRY OF FINANCE

DEPARTMENT OF REVENUE

Notification No. 24/2019-Customs (ADD)

New Delhi, the 18^th June, 2019

G.S.R. 432(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 5^th 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 5^th 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 anti-dumping 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 5^th January.2017, published vide number G.S.R. 11(E), dated the 5^th 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 anti-dumping measure of on sacking bags imposed vide notification No. 01/2017-Customs (ADD) dated 5th January, 2017, published vide number G.S.R. 11(E), dated the 5^thJanuary 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 5^th 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:-

Table

* 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) 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 anti-dumping duty on jute sacking bags as levied vide aforesaid notification No. 1/2017-Customs (ADD) dated the 5^thJanuary, 2017, published vide number G.S.R. 11(E), dated the 5^thJanuary 2017, and the 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

—————————–

MINISTRY OF FINANCE
(Department of Revenue)
CORRIGENDA
New Delhi, the 10th July, 2019

G.S.R. 493(E).—In the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 24/2019-Customs (ADD) dated the 18^th June, 2019, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 432 (E), dated the 18^th June, 2019,—

(i) at page 7, in line 11, omit “Mills”; and

(ii) at page 7, omit line 19.

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

GUNJAN KUMAR VERMA, Under Secy.