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GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 10/2021-Customs (N.T.)
New Delhi, the 1st February, 2021
G.S.R. .… (E).- In exercise of the powers conferred
by sub-section (6) of section 9A and subsection (2) of section 9B of the Customs
Tariff Act, 1975 (51 of 1975), the Central Government hereby makes the following
rules further to amend the Customs Tariff (Identification, Assessment and
Collection of Anti-dumping Duty on Dumped Articles and for Determination of
Injury) Rules, 1995, namely:
- 1. Short title and commencement. — (1) These
rules may be called the Customs Tariff (Identification, Assessment and
Collection of Anti-dumping Duty on Dumped Articles and for Determination of
Injury) Amendment Rules, 2021.
(2) Save as otherwise provided in these rules.
they shall come into force on the 2nd February, 2021.
2. In the Customs Tariff
(Identification, Assessment and Collection of Anti-dumping Duty on Dumped
Articles and for Determination of Injury) Rules, 1995, - (a) in rule 5,-
(i)
after sub-rule (3), the following sub-rule shall be inserted, namely: - “(3A)
The period of investigation shall, -
(i) not be more than six months old as on
the date of initiation of investigation;
(ii) be for a period of twelve months
normally and for reasons to be recorded in writing, the designated authority may
consider a minimum of six months or maximum of eighteen months.”;
(ii) in
sub-rule (4), for the words “Collector of Customs”, the words “Principal
Commissioner of Customs or Commissioner of Customs, as the case may be,” shall
be substituted;
(b) in rule 22, the Explanation shall be omitted;
(c) with
effect from the 1st day of July, 2021, in rule 23, - (i) in sub-rule (2), the
following proviso shall be inserted, namely: - “Provided that notwithstanding
anything contained in rule 17, such review shall be completed at least three
months prior to expiry of the anti-dumping duty under review.”; (ii) for
sub-rule (3), the following sub-rule shall be substituted, namely: - “(3)
Subject to sub-rule (2), the provisions of rules 6,7, 8, 9, 10, 11, 16, 17, 18,
19 and 20 shall apply mutatis mutandis in the case of review.”;
(d) in rule 26,
after sub-rule (4), the following sub-rule shall be inserted, namely: - “(4A)
The Central Government may, on recommendation of the designated authority,
resort to provisional assessment of the imports of the article alleged to be
circumventing an antidumping duty in force and may ask a guarantee from the
importer, till the time a decision under sub-rule (3) of rule 27 is taken by the
Central Government.”;
(e) with effect from the 1st day of July, 2021, in rule
28, in sub-rule (2), the following proviso shall be inserted, namely: -
“Provided that such review shall be completed at least three months prior to
expiry of the duty under review.”.
[F.No.334/02/2021-TRU]
(Rajeev Ranjan)
Under
Secretary to the Government of India.
Note:- The principal rules were published vide
notification number 2/1995-Customs (N.T), dated the 1st day of January,
1995, in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section
(i),vide number G.S.R. 1(E), dated the 1st day of January, 1995 and were
last amended vide notification number 9/2020-Customs (N.T), dated the 2nd
February, 2020, vide number G.S.R. 73(E), dated the 2nd February, 2020.
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