Saturday, October 31, 2015

Customs Updates: Notification No: 53/2015

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

 GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE

Notification
No. 53/2015-Customs (ADD)
New Delhi
30th of October, 2015

G.S.R. (E).- Whereas, in the matter of import of Clear Float Glass of nominal thickness ranging from 4 mm to 12 mm (both inclusive), the nominal thickness being as per BIS 14900:2000 (hereinafter referred to as the subject goods), falling under the headings 7003, 7004, 7005, 7009, 7013, 7015, 7016, 7018, 7019, 7020 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from Pakistan, Saudi Arabia and UAE (hereinafter referred to as the subject countries), the designated authority, vide its final findings, vide notification No. 14/25/2012-DGAD, dated the 10th October, 2014, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 10th October, 2014, has come to the conclusion that -
  1. the subject goods have been exported to India from the subject countries below the associated normal values, thus resulting in dumping of the subject goods;
  2. the domestic industry has suffered material injury in respect of the subject goods; and
  3. the dumped imports of the subject goods from the subject countries have caused material injury to the domestic industry,
and had recommended imposition of definitive anti-dumping duty on all imports of the subject goods, originating in or exported from the subject countries in order to remove the 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. 48/2014-Customs (ADD), dated the 11th December, 2014, published vide G.S.R. 885 (E) in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i), dated the 11th December, 2014;

And whereas, M/s Tariq Glass Industries Limited, Pakistan (exporter) have 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. 15/16/2015-DGAD, dated 23rd September, 2015, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th September, 2015, has recommended provisional assessment of all exports of the subject goods made by the above stated party till the completion of the review by it;

Now therefore, in exercise of the powers conferred by sub-rule (2) 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, the Central Government, after considering the aforesaid recommendation of the designated authority, hereby orders that pending the outcome of the said review by the designated authority, the subject goods, when originating in or exported from subject countries through the said exporter namely, M/s Tariq Glass Industries Limited, Pakistan and imported into India, shall be subjected to provisional assessment till the review is completed.
2. The provisional assessment may be subject to such security or guarantee as the proper officer of customs deems fit for payment of the deficiency, if any, in case a definitive anti- dumping duty is imposed retrospectively, on completion of investigation by the designated authority.
3. In case of recommendation of anti-dumping duty after completion of the said review by the designated authority, the importer shall be liable to pay the amount of such anti-dumping duty recommended on review and imposed on all imports of subject goods when originating in or exported from subject countries through the said exporter namely, M/s Tariq Glass Industries Limited, Pakistan and imported into India, from the date of initiation of the said review.

[F. No. 354/46/2014-TRU]
(Anurag Sehgal)
Under Secretary to the Government of India

Source:
http://www.cbec.gov.in/htdocs-cbec/customs/cs-act/notifications/notfns-2015/cs-add2015/csadd53-2015

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