[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. 44/2019-Customs (ADD)

New Delhi, the 11th November, 2019

G.S.R. (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. Roman Jute Mills Ltd. (Producer/Exporter) and M/s SMP International, LLC,USA (Exporter/ Trader) 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. 7/7/2018-DGAD, dated the 28th March, 2018, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 28th March, 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. 24/2018-Customs (ADD) dated the 7th May, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 428(E), dated the 7th May, 2018;

And whereas, the designated authority, vide its final findings in notification No. 7/7/2018-DGAD, dated the 19th September, 2019, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 19th September, 2019 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 both for yarn and sacking bag and accordingly recommended that S. Nos. 48 and 49 be added to the existing duty table mentioned in notification No. 01/2017-Customs (ADD) dated 5th January 2017:-

 And whereas, M/s Aziz Fibres Limited (Producer/Exporter), Bangladesh 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. 7/25/2018-DGAD dated 2nd July, 2018, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 2nd July, 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. 42/2018-Customs (ADD) dated the 24th August, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 811(E), dated the 24th August, 2018;

And whereas, the designated authority, vide its final findings in notification No. 7/25/2018-DGAD, dated the 3rd October, 2019, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd October, 2019 has concluded that given the facts and circumstances 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 for yarn and accordingly recommended that S. No. 50 be added to the existing duty table mentioned in notification No. 01/2017-Customs (ADD) dated 5th January 2017:-

And whereas, M/s Natore Jute Mills (producer), Bangladesh and M/s PNP Jute trading LLC (Exporter/Trader), USA 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. 7/24/2018-DGAD dated the 2nd July, 2018, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 2nd July, 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. 41/2018-Customs (ADD) dated the 24th August, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 811(E), dated the 24th August, 2018;

And whereas, the designated authority, vide its final findings in notification No. 7/24/2018-DGAD, dated the 3rd October, 2019, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd October, 2019 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 both for yarn and sacking bag and accordingly recommended that S. Nos. 51 and 52 be added to the existing duty table mentioned in notification No. 01/2017-Customs (ADD) dated 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, in the Table, after serial number 47 and the entries relating thereto, the following serial numbers and entries shall be inserted, namely:- 

[F. No. 354/211/2016-TRU] 

(Ruchi Bisht)
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. 30/2019-Customs (ADD), dated the 1st August, 2019, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 550 (E), dated the 1st August, 2019.