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Core Purpose

Notification No. 58/2023-Customs under sub-section (1) of section 25 of the Customs Act, 1962 imposing a bilateral safeguard measure by increasing customs duty on Ferro Molybdenum imports from Korea RP.

Detailed Summary

The Ministry of Finance (Department of Revenue), via notification No. 58/2023-Customs, G.S.R. 727(E) dated 9th October 2023, in exercise of powers under sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962) read with rule 11 of the rules framed under the India-Korea Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017, imposes a bilateral safeguard measure by amending notification No. 152/2009-Customs dated 31st December 2009 (G.S.R. 943(E), last amended by notification No. 23/2022-Customs dated 30th April 2022, G.S.R. 326(E)), following the Directorate General of Trade Remedies' initiation notification (F. No. 22/03/2022-DGTR dated 30th September 2022) and final findings (F. No. 22/03/2022-DGTR dated 29th May 2023) that increased imports of Ferro Molybdenum (tariff item 7202 70 00 of the First Schedule to the Customs Tariff Act, 1975) from Korea RP have caused serious injury to the domestic industry with a causal link; the amendment inserts new tariff entries 529A (all goods under heading 7202 except 720260 and 720270, nil duty), 529B (Ferro Molybdenum under 720270, 5.00 percent duty, effective until 9th October 2024) and 529C (Ferro Molybdenum under 720270, 3.75 percent duty, effective 10th October 2024 to 9th October 2025), while entry 528 remains ineffective until 9th October 2025 and entry 529A remains effective until the same date, with the notification signed by Vikram Wanere, Under Secretary, and coming into force on 10th October 2023.

Full Text

EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 574] NEW DELHI, MONDAY , OCTOBER 9, 2023/ ASVINA 17, 1945 CG-DL-E-09102023-249278 (1) (2) (3) (4) “529क 7202 MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 9th October , 2023 No. 58/2023 -Customs G.S.R .727 (E).—Whereas, in the matter concerning imports of “Ferro Molybde num” (hereinafter referred to as the subject goods) falling under tariff item 7202 70 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), the Directorate General of Trade Remedies (here inafter referred to as the Authority) initiated an Bilateral Safeguard investigation in terms of the India -Korea Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017 (hereinafter referred to as the rules) vide initiation notification under F. No. 22/03/2022 -DGTR, dated the 30th September, 2022 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 30th September, 2022 in order to determine whether the imports of the subject goods from Korea RP cons titute increased imports and whether the increased imports have caused or are threatening to cause serious injury to the domestic industry; And whereas, in the final findings of the Bilateral Safeguard investigation issued vide F. No. 22/03/2022 - DGTR, date d the 29th May, 2023 , published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29th May, 2023 , the Authority has concluded that - (i) imports of the subject goods from Republic of Korea have increased and constitute “increased imports” within the meaning of the rules and India -Korea Comprehensive Economic Partnership Agreement; (ii) the increased imports have caused serious injury; (iii) there ex ists a causal link between the increased imports and serious injury to the domestic industry; and recommended imposition of bilateral safeguard measure of increasing the rate of customs duty on subject goods originating in Korea RP and imported into India as specified in the aforesaid final findings, in order to remove injury to the domestic industry. Now, therefore, in exercise of the powers conferred by sub -section (1) of section 25 of the Customs Act, 1962 (52 of 1962) read with rule 11 of the said rule s, the Central Government, on being satisfied that it is necessary in the public interest so to do, after considering the aforesaid final findings of the designated authority, hereby makes the following further amendments in the notification of the Governm ent of India in the Ministry of Finance (Department of Revenue), No.152/2009 -Customs, dated the 31st December, 2009, published in the Gazette of India, vide number G.S.R. 943 (E), dated the 31st December, 2009, namely: - In the said notification, - (a) in th e Table, after serial number 529 and the entries relating thereto, the following serial numbers and entries shall be inserted, namely: - (1) (2) (3) (4) “529A 7202 (except 720260, 720270) All Goods 0.00 529B 720270 Ferro Molybdenum 5.00 529C 720270 Ferro Molybdenum 3.75”; (b) after the second proviso below the Table, the following proviso shall be inserted, namely: - “Provided also that, to give effect to the bilateral safeguard measure, as recommended by the Director General of Trade Remedies, - (i) nothing contained in serial number 528 and entries relating thereto in the said table shall have effect up to and inclusive of the 9th day of October, 2025; (ii) the entries contained in serial number 529A in the said table shall have effect only up to and inclusive of the 9th day of October, 2025; (iii) the entries contained in serial number 529B in the said table shall have effect only up to and inclusive of the 9th day of October, 2024; and (iv) the entries contained in serial number 529C in the said table shall have ef fect only from the 10th day of October, 2024 to the 9th day of October, 2025 (both days inclusive); unless revoked, superseded or amended earlier.”. 2. This notification shall come into force on the 10th day of October 2023. [F. No. CBIC -190354/124/2023 -TO(TRU -I)-CBEC] VIKRAM WANERE , Under Sec y. Note: The principal notification No. 152/2009 -Customs, dated the 31st December, 2009 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub -Section (i), vide number G.S.R. 943 (E), dated the 31st December, 2009 and was last amended vide notification No. 23/2022 -Customs, dated the 30th April, 2022, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (i), vide number G.S.R. 326( E), dated the 30th April, 2022. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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