Anti Dumping Duty on Circular Weaving Machines from China - Corrigenda!
NOTIFICATION No. 10/2011-Cus dated 16.02.2011 imposed anti dumping duty on Circular Weaving Machines imported from China. But the Para 2 of this Notification says that the anti dumping duty shall be applicable to the goods originating in or exported from, China PR and Israel. It was never proposed to impose anti dumping duty on goods imported from Israel!
So by a corrigendum dated 15th April 2011, they corrected Israel as Austria.
Why Austria? Because Column 4 of the Table to the Notification mentions Country of Origin / Country of Export, as China PR/Austria. It was not proposed to impose the duty on imports from Austria either, at least if you go by the preamble of the Customs anti-dumping notification as well as the DGAD notification dated November 16, 2010 which notified the final findings on the anti-dumping matter.
So by another Corrigendum dated 14th June 2011, they deleted Austria from Column 4.
All fine!, but the first corrigendum still retains Austria!!. Even the DGAD notification shows Austria in the ‘Duty Table' annexed thereto though its preamble does not include Austria.
So now as per the corrected notification, the anti dumping duty is on imports from China but this duty on imports from China and Austria will be valid for five years.
It appears that the entire problem in including Austria has its genesis in the notification issued by DGAD notifying the final findings vide Notification No. 14/25/2008-DGAD dated 16th November 2010 which includes ‘Austria' in the Table annexed thereto. The anti-dumping case has a long story involving the Austrian manufacturer who is the parent company of the Chinese subsidiary. It appears that there is also a dispute between the complainants i.e. the domestic industry and the Austrian company before the Company Law Board.
With such genetic defects in manufacturing notifications by both Customs and DGAD, the legality of the anti-dumping duty itself could be questioned in CESTAT.
Mind boggling experience in the manufacture of notifications!
CBEC Corrigendum in F.No.354/31/2010 -TRU; Dated April 15 2011 + CBEC Corrigendum in F.No.354/31/2010 -TRU; Dated June 14 2011