Home India Ministry of Finance Notification 52 2021 Customs ADD...
Date: 2021-09-22 Category: Extra Ordinary State: Union Government Country: India

Notification 52 2021 Customs ADD

Issued by Ministry of Finance · Department of Revenue

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Executive Summary & Key Takeaways

## Policy Analysis Report: Rescission of Notification No. 11/2016-Customs (ADD) **1. Executive Summary:** This report analyzes a notification issued by the Ministry of Finance, Department of Revenue, Government of India, which rescinds Notification No. 11/2016-Customs (ADD) dated March 29, 2016. This rescission effectively removes the provisions of the earlier notification, except for actions already completed or omitted before the date of this new notification (September 22, 2021). The key finding is that a previously implemented measure related to Customs Tariff Act, 1975, is now revoked, potentially altering the import/export landscape for affected industries. **2. Introduction:** The purpose of this report is to provide a detailed analysis of the notification issued by the Ministry of Finance, Department of Revenue, regarding the rescission of an earlier notification related to Customs duties. This analysis is based solely on the text provided and aims to inform affected industries about the implications of this change. **3. Policy Overview:** * This notification is an *amendment*, specifically a *rescission*, of an existing policy. * **Original Policy:** Notification No. 11/2016-Customs (ADD) dated March 29, 2016. * **Core Objective (Inferred):** The original notification (11/2016-Customs ADD) likely dealt with the imposition, modification, or management of Anti-Dumping Duties (ADD) under the Customs Tariff Act, 1975, Section 9A. The rescission means this previous order is being revoked. **4. Background and Rationale:** Since this is a rescission, the likely reason for the amendment is that the Central Government has determined that the provisions of Notification No. 11/2016-Customs (ADD) are no longer necessary or relevant. This could be due to changes in market conditions, trade agreements, or a reassessment of the need for anti-dumping measures. The text *does not* explicitly state the reason, but suggests a change in the government's stance or strategy regarding the specific subject matter covered by the original notification. **5. Key Provisions / Changes:** * **Specific Part of Original Policy Changed:** The entirety of Notification No. 11/2016-Customs (ADD) is rescinded, except for "things done or omitted to be done before such rescission." * **New Rule/Provision:** The current notification establishes that Notification No. 11/2016-Customs (ADD) is no longer in effect as of September 22, 2021. * **Effect of Change:** The removal of the prior notification means that any anti-dumping duties, regulations, or other measures established by it are no longer applicable moving forward. Any duties already paid or actions already taken under the previous notification will not be retroactively affected. **6. Target Audience and Stakeholders:** The primary target audience and stakeholders are: * **Importers and Exporters:** Companies involved in importing or exporting goods that were subject to the anti-dumping duties or regulations outlined in Notification No. 11/2016-Customs (ADD). These companies will experience a change in their cost structure and compliance requirements. * **Customs Officials:** Officers responsible for the administration and enforcement of customs laws and regulations. They need to update their procedures to reflect the rescission of the notification. * **Domestic Producers:** Companies that compete with imported goods that were previously subject to anti-dumping duties. The removal of these duties may increase competition from foreign producers. **7. Implementation Aspects (Inferred):** * **Responsible Agency:** The Ministry of Finance (Department of Revenue) is responsible for implementing this change. The Central Board of Indirect Taxes and Customs (CBIC) also plays a role, indicated by "CBIC" in the F.No. reference. * **Timelines:** The rescission is effective immediately as of September 22, 2021. * **Specific Implementation Related to Change:** Customs officials must cease enforcing the provisions of Notification No. 11/2016-Customs (ADD) for any transactions occurring after September 22, 2021. **8. Expected Outcomes / Impact of Changes:** The likely intended outcome of this rescission is: * **Reduced Trade Barriers:** The removal of anti-dumping duties could lead to lower costs for importers and consumers. * **Increased Competition:** Domestic producers may face increased competition from foreign producers as a result of the rescission. * **Streamlined Customs Procedures:** The rescission simplifies the customs process by removing a layer of regulation. * It's also possible that the initial conditions that necessitated the original notification no longer apply. **9. Conclusion:** The rescission of Notification No. 11/2016-Customs (ADD) represents a significant change in customs policy. This report highlights the revocation of the original notification and the likely impact on importers, exporters, customs officials, and domestic producers. This rescission may be prompted by various reasons, including evolving trade dynamics or a strategic shift in trade policies. Affected stakeholders should carefully assess the implications of this rescission and adjust their business strategies accordingly.

Key Entities Referenced

Ministry of Finance: The Indian government ministry responsible for financial matters. Department of Revenue: A department within the Ministry of Finance. New Delhi: The location where the notification was issued. Customs Tariff Act, 1975: An Indian law related to customs duties. Central Government: The government of India. Government of India: The governing body of India. Rajeev Ranjan: Under Secretary.
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रजजस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 सी.जी.-डी.एल.-अ.-23092021-229877 xxxGIDHxxx CG-DL-E-23092021-229877 xxxGIDExxx असाधारण EXTRAORDINARY भाग II—खण् ड 3—उप-खण्ड (i) PART II—Section 3—Sub-section (i) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 533] नई ददल्ली, बधु िार, जसतम् बर 22, 2021/भार 31, 1943 No. 533] NEW DELHI, WEDNESDAY, SEPTEMBER 22, 2021/BHADRA 31, 1943 जित्त म्ं ालय (राजस्ट्ि जिभाग) अजधसचू ना नई ददल् ली, 22 जसतम् बर, 2021 स.ं 52/2021-सीमािल्ु क एएडीडी सा.का.जन. 649एअ .—सीमा िुल् क ैरिर अजधजनयम, 1975 (1975 का 51 की धारा 9क की उप धारा ए1 और ए5 के तहत प्रदत्त िजतियय का प्रयगग करते ुए, केन्‍द र सरकार, एतद्द्वारा, भारत सरकार, जित् त मं्ालय एराजस्ट्ि जिभाग की अजधसूचना सं्‍ या 11/2016-सीमा िुल् क एएडीडी , ददनांक 29 माच,च 2016, जजसे सा.का.जन. 362एअ ददनांक 29 माच,च 2016 के तहत भारत के राजप्, असाधारण, के भाग II, खंड 3, उपखंड (i) में प्रकाजित दकया गया था, कग जनरजसत, ऐसे जनरसन से पूिच की गई अथिा करने स े लगप की गई बात कग छगड़ते ुए, करती ह र । [ ा.सं. सीबीआईसी-190354/69/2021-ैीओ एैीआरय-ू I -सीबीईसी] राजीि रंजन, अिर सजचि 5370 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 22nd September, 2021 No. 52/2021-Customs (ADD) G.S.R. 649(E).—In exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), the Central Government hereby rescinds the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 11/2016-Customs (ADD) dated the 29th March, 2016, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 362 (E), dated the 29th March, 2016, except as respect things done or omitted to be done before such rescission. [F.No. CBIC-190354/69/2021-TO(TRU-I)-CBEC] RAJEEV RANJAN, Under Secy. 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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