[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. 1/2021-Customs
New Delhi, the 28
th
January, 2021
G.S.R …..(E).— Whereas, in the matter concerning imports of “Polybutadiene
Rubber” (hereinafter referred to as the subject goods) falling under tariff item 4002 20 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 (hereinafter
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 said rules) vide initiation notification
under F.No.22/7/2019-DGTR, dated the 7
th
November, 2019 published in the Gazette of
India, Extraordinary, dated the 7
th
November, 2019 in order to determine whether the
imports of the subject goods from Korea RP constitute increased imports and whether the
increased imports have caused or are threatening to cause serious injury to the domestic
industry;
And whereas, on the basis of the preliminary findings of the Authority in the
Bilateral Safeguard investigation issued vide F.No.22/7/2019-DGTR, dated the 12
th
May,
2020, published in the Gazette of India, Extraordinary, dated the 12
th
May, 2020, the
Central Government imposed provisional Bilateral Safeguard measure on the subject
goods vide notification of the Government of India in the Ministry of Finance (Department
of Revenue), No. 31/2020-Customs, dated the 13
th
July, 2020, published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 444(E), dated
the 13
th
July, 2020 by making further amendments in the notification of the Government of
India in the Ministry of Finance (Department of Revenue), No.152/2009-Customs, dated
the 31
st
December, 2009, published in the Gazette of India, vide number G.S.R. 943 (E),
dated the 31
st
December, 2009;
And whereas, on the basis of the corrigendum issued by the Authority vide F. No.
22/7/2019-DGTR, dated the 9
th
September, 2020, published in the Gazette of India,
Extraordinary, dated the 9
th
September, 2020, the Central Government, excluded titanium
and lithium grades of Polybutadiene Rubber from the subject goods vide notification of the
Government of India in the Ministry of Finance (Department of Revenue), No. 37/2020-
Customs, dated the 20
th
October, 2020, published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i), vide number G.S.R. 651(E), dated the 20
th
October, 2020
by making further amendments in the notification of the Government of India in the
Ministry of Finance (Department of Revenue), No.152/2009-Customs, dated the the 31
st
December, 2009, published in the Gazette of India, vide number G.S.R. 943 (E), dated the
31
st
December, 2009;
And whereas, in the final findings of the Bilateral Safeguard investigation issued
vide F. No. 22/7/2019-DGTR, dated the 22
nd
October, 2020, published in the Gazette of
India, Extraordinary, dated the 22
nd
October, 2020, the Authority has concluded that-
(i) imports of the product from 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 and threatened to caused
serious injury to the domestic industry;
(iii) there exists a causal link between the increased imports of the originating goods
due to the reduction or elimination of custom duty under the India-Korea
Comprehensive Economic Partnership Agreement and serious injury and threat
of serious injury to the domestic industry;
and has confirmed its preliminary findings issued vide notification No. F.No.22/7/2019-
DGTR, dated the 12
th
May, 2020, 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, from the date of
issue of the notification of imposition of provisional measure by the Central Government
vide notification No. 31/2020-Customs, dated the 13
th
July, 2020.
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 and sub-rule (2) of rule 12 of
the said rules, the Central Government, on being satisfied that it is necessary in the public
interest so to do, confirms the provisional bilateral safeguard measure imposed with effect
from the 13
th
July, 2020 and hereby makes the following further amendments in the
notification of the Government of India in the Ministry of Finance (Department of
Revenue), No.152/2009-Customs, dated the 31
st
December, 2009, published in the Gazette
of India, vide number G.S.R. 943 (E), dated the 31
st
December, 2009, namely: -
In the said notification, -
(I) In the Table,
(i) against serial number 342B, for the entry in column (3), the entries “All
goods other than those mentioned against serial number 342A or 342C”,
shall be substituted;
(ii) after serial number 342B and the entries relating thereto, the following serial
numbers and entries shall be inserted, namely: -
(1) (2) (3) (4)
“342C. 400220
Polybutadiene Rubber excluding
titanium and lithium grades
7.50”;
(II) For the portion beginning with the words “Provided further that” and ending with
the words “unless revoked, superseded or amended earlier.”, the following proviso
shall be substituted, after the first proviso below the Table, namely: -
“Provided further that, to give effect to the bilateral safeguard measure, as
recommended by the Director General of Trade Remedies, -
(i) nothing contained in serial number 342 and entries relating thereto in the
said table shall have effect up to and inclusive of the 12
th
day of July, 2022;
(ii) the entries contained in serial number 342A in the said table shall have effect
up to and inclusive of the 12
th
day of July, 2021;
(iii) the entries contained in serial number 342B in the said table shall have effect
up to and inclusive of the 12
th
day of July, 2022; and
(iv) the entries contained in serial number 342C in the said table shall have effect
from the 13
th
day of July, 2021 to the 12
th
day of July, 2022 (both days
inclusive);
unless revoked, superseded or amended earlier.”.
[F. No.354/53/2020-TRU]
(Jainendra Singh Kandhari)
Deputy Secretary to the Government of India
Note: The principal notification No. 152/2009-Customs, dated the 31
st
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 31
st
December, 2009 and was last amended vide
notification No. 44/2020-Customs, dated the 18
th
December, 2020, published in the Gazette
of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 777(E), dated
the 18
th
December, 2020.
