Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Amendment Rules 2021

The Central Government by way of a Notification No. 11/ 2021, dated 01.02.2021, had amended the provisions of Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules 1995.

Further, the said amended rules will be known as Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Amendment Rules 2021, and have come into force from 02.02.2021.

In this blog, we will discuss about the amendment bought by way of the Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Amendment Rules 2021.

Key Amendments Made in Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Amendment Rules 2021

The key amendment bought by way of Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Amendment Rules 2021 are as follows:

Rule 2 Clause (b)

As per the amended regulations, in the clause (b) in Rule 2, the word “Domestic Industry” will be inserted after the word thereof. The same will be interpreted as referring to the rest of the producers.

Rule 6 Sub Rule (4)

Based on the amended regulations, the term Collector of Customs will get substituted by the term Principal Commissioner of Customs or Commissioner of Customs.

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Rule 24 Sub Rule (4)

Based on the amended regulations, with effect from 01.07.2021, a proviso to the said sub rule will come into effect.

The said Proviso states that “Provided that notwithstanding anything included in rule 19, such review will be completed at least 3 months before the expiry of the countervailing duty under review.”

Rule 24 Sub Rule (5)

As per the amended regulations, the provisions of this sub rule will be substituted to a new one. The new provision states that “subject to sub-rule (4), the provisions of rule 7, 8, 9, 10, 11, 12, 13, 18, 19, 20, 21, and 22 will apply mutatis mutandis in case of review”.

Rule 26 Sub Rule (4A)

Based on the amended regulations, after sub rule (4) of Rule 26, a new sub rule named (4A) will be inserted. The provision of Sub Rule (4A) states that “The Central Government may, on the recommendation of the designated authority, resort to the provisional assessment of the imports of the article alleged to be circumventing a countervailing duty in force, and may ask a guarantee from the said importer, till the time a decision under sub rule (3) of rule 27 is taken by the Central Government.”

Rule 28 Sub Rule (2)

Based on the amended regulations, with effect from 01.07.2021, a proviso to the said sub rule will come into effect.

The said Proviso states that “Provided that such a review needs to be completed at least three months before the expiry of the duty under review.”

Conclusion

In a nutshell, the Central Board of Indirect Taxes and Customs by way of the powers conferred in the provisions of the Customs Tariff Act 1975, have amended the provisions of the Customs Tariff (Identification, Assessment & Collection of Countervailing Duty on Subsidized Articles & for Determination of Injury) Rules 1995, to increase the level of accountability and transparency in the market.

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Copy of the Official CBIC Notification

Customs-Notification

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