Whereas, the designated authority, vide notification No. 7/09/2021-DGTR, dated the 28th June, 2021, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28th June, 2021, had initiated the review in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in the matter of continuation of anti-dumping duty on imports of "Jute Products comprising of Jute Yarn/Twine (multiple folded/cabled and single), Hessian fabric, Jute sacking bags and Jute sacking cloth" (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, originating in or exported from Bangladesh and Nepal (hereinafter referred to as the subject countries) initially imposed, vide notification of the Government of India, Ministry of Finance (Department of Revenue), No. 01/2017-Customs (ADD), dated the 5th January, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i), vide number G.S.R. 11(E), dated the 5th January, 2017;
And whereas, in the matter of review of anti-dumping duty on imports of the subject goods, originating in or exported from the subject countries, the designated authority in its final findings, published, vide notification No. 7/09/2021-DGTR, dated the 30th September, 2022, published in the Gazette of India, Extraordinary, Part-I, Section 1, dated the 30th September, 2022, has come to the conclusion that,-
(i) there is continued dumping of the subject goods from the subject countries and the imports are likely to enter the Indian market at dumped prices in the event of cessation of duty;
(ii) dumped imports from subject countries are causing injury to the domestic industry;
(iii) the information on record shows likelihood of continuation of dumping and injury in case the anti-dumping duty in force is allowed to cease at this stage;
(iv) there is sufficient evidence to indicate that the revocation of the anti-dumping duty at this stage will lead to continuation of dumping and injury to the domestic industry,
and has recommended continued imposition of the anti-dumping duty on imports of the subject goods, originating in or exported from the subject country, in order to remove injury to the domestic industry.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 read with rules 18, 20 and 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 and in supersession of the notification of the Government of India, Ministry of Finance (Department of Revenue), No. 01/2017-Customs (ADD), dated the 5th January, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 1(E), dated the 5th January, 2017, 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 Tariff Heading of the First Schedule to the Customs Tariff Act as specified in the corresponding entries in column (2), originating in the country as specified in the corresponding entries in column (5), exported from the country as specified in the corresponding entries in column (6), produced by the producers as specified in the corresponding entries 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 indicated in the corresponding entries in column (9), in the unit as specified in the corresponding entries in column (10), namely
TABLE
Subheading
Origin
Export
Jute Mills Ltd
Limited
Multi
Fibres Ltd
1 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 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.
2 * List of non-sampled producers/exporters:
(1) Shamsher Jute Mills Ltd.
(2) Golden Jute Industries Ltd.
(3) Purabi Trading
(4) Sonali Aansh Trading (Pvt.) Ltd.
(5) Rajbari Jute Mills Ltd.
(6) Nowspara Packaging Industries Ltd.
(7) Nowpara Jute Mills Ltd.
(8) Usha jute Spinners Ltd.
(9) B.S. Jute Spinners Ltd. (BSJSL)
(10) Madina Jute Industries Ltd.
(11) Northern Jute Manufacturing Company Limited
(12) Jute Spinners Ltd.
(13) M/s Nawab Abdul Malek Jute Mills (BD) Ltd.
2.The anti-dumping duty imposed under S.N. 93 to S.N. 99 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 or for Specified End Use) Rules, 2022; 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 levied for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette and shall be payable in Indian currency.
Explanation.- For the purposes of this notification, rate of exchange applicable for the purpose of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, 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. CBIC-190354/195/2021-TRU]
(Nitish Karnatak)
Under Secretary