The Central Board of Indirect Taxes and Customs (CBIC) vide its Notification No 70/2021 – Customs (ADD) [G.S.R. 863(E)] dated 17th December 2021 amends the Notification No 47/2021 – Customs (ADD) dated 26th August 2021.
MINISTRY OF FINANCE
(Department of Revenue)
NOTIFICATION
New Delhi, the 17th December, 2021
No. 70/2021-Customs (ADD)
G.S.R. 863(E).—Whereas, in the matter of ‘Natural Mica based Pearl Industrial Pigments excluding cosmetic grade’ (hereinafter referred to as the subject goods), originating in, or exported from China PR (hereinafter referred to as the subject country) falling under tariff sub heading 3206 11 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), and imported into India, the designated authority in its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification number 6/8/2020-DGTR, dated the 8th June, 2021 had come to the conclusion that –
(i) the subject goods have been exported to India from the subject country below its normal value, resulting in dumping;
(ii) the domestic industry had suffered material injury due to dumping of the product under consideration from the subject country;
(iii) the material injury had been caused by the dumped imports of the subject goods from subject country,
and had recommended imposition of definitive anti-dumping duty imports the subject goods, originating in, or exported from the subject country and imported into India, in order to remove injury to the domestic industry;
And whereas, on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed the anti-dumping duty on the subject goods, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 47/2021-Customs (ADD), dated the 26th August, 2021, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 590(E), dated the 26th August, 2021;
And whereas, Henan Lingbao New Materials Technology Co., Ltd requested the designated authority for changing the name of exporter company from “Nanyang Lingbao Pearl Pigment Company Limited Materials” to “Henan Lingbao New Materials Technology Co., Ltd” in its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification number 6/8/2020-DGTR, dated the 28th September, 2021;
And whereas, the designated authority, vide amendment notification No. 6/8/2020-DGTR, dated the 28th September, 2021 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28th September, 2021, has come to the conclusion that the request falls within the category of name change only and there is no change in the basic nature of the business and recommended that the name of the exporter viz. “Nanyang Lingbao Pearl Pigment Company Limited Materials”, be amended to “Henan Lingbao New Materials Technology Co., Ltd” in its final findings 6/8/2020-DGTR, dated the 8th June, 2021;
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, after considering the aforesaid amendments to final findings of the Designated Authority, hereby makes the following amendments in the notification of the Government of India, Ministry of Finance (Department of Revenue) No. 47/2021-Customs (ADD), dated the 26th August, 2021, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 590(E), dated the 26th August, 2021, namely:-
In the said notification, in the Table, against serial number 1, in the entry in column (6), for the words “Nanyang Lingbao Pearl Pigment Company Limited Materials”, the words “Henan Lingbao New Materials Technology Co., Ltd” shall be substituted.
[F. No. CBIC-190354/148/2021-TRU Section-CBEC] RAJEEV RANJAN, Under Secy.
