Notification No. 112/2010-Customs dated 28.10.2010
Anti dumping Duty on Bus and Truck Radial Tyres (40112010, 40131020, 40129049)
G.S.R. 864 (E). – Whereas, in the matter of import of Bus and Truck Radial Tyres,
(hereinafter referred to as the subject goods) , falling under item nos.
40112010 (for tyres) and 40131020 and 40129049 (for tubes and flaps
respectively) of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)
and originating in, or exported from the People's Republic of China(China PR)
and Thailand (hereinafter referred to as the subject countries), the designated
authority, vide its final findings in notification No. 14/17/2008-DGAD, dated
the 1st January, 2010 published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 1st January, 2010, had come to the conclusion that —
(a) there had been increase in the volume of dumped imports from the subject
countries, both in absolute terms as also in relation to total production and
market demand of the subject goods in India, resulting in a decline in the
market share of the domestic industry;
(b) the imports were causing significant price undercutting resulting in price
suppressing effect on the domestic industry;
(c) in spite of increase in production and sales, profitability of the domestic
industry per unit of sales declined after increasing in 2006-07, resulting in
deterioration in profits, cash profits and a decline in the return on capital
employed;
(d) decline in the market share had resulted in increase in inventories with the
domestic industry in spite of higher capacity utilization;
(e) this had led to domestic industry suffering material injury and imposition
of final duty is required to offset dumping and injury;
and had recommended imposition of definitive anti-dumping duty on all imports of
the subject goods, originating in, or exported from, the subject countries;
And whereas on the basis of the aforesaid findings of the designated authority,
the Central Government had imposed an anti-dumping duty on subject goods falling
under Chapter 40 of the First Schedule to the said Customs Tariff Act,
originating in or exported from China PR and imported into India vide
notification of the Government of India in the Ministry of Finance (Department
of Revenue), No. 12/2010-Customs, dated the 19th February, 2010, published in
Part II, Section 3, Sub-Section (i) of the Gazette of India, Extraordinary,
G.S.R. 93(E) dated the 19th February, 2010;
And whereas, in the said matter, M/s. Weifang Huadong Rubber Co Ltd China PR
(Producer), and M/s. Qingdao Autochem International Co. Ltd (exporter) have
requested for review in terms of rule 22 of the Customs Tariff (Identification,
Assessment and Collection of Anti-dumping Duty on Dumped Articles and for
Determination of Injury) Rules, 1995 in respect of exports made by them, and the
designated authority, vide new shipper review notification No. 15/13/2010-DGAD,
dated the 20th August, 2010 published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 20th August, 2010 has recommended provisional
assessment of all exports of Bus and Truck Radial Tyres, made by M/s. Weifang
Huadong Rubber Co Ltd China PR (Producer), and M/s. Qingdao Autochem
International Co. Ltd (exporter), when imported in to India, till the completion
of the said review;
Now, therefore, in exercise of the powers conferred by sub-rule (2) of rule 22
of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping
Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the
Central Government, after considering the aforesaid recommendation of the
designated authority, hereby orders that pending the outcome of the said review
by the designated authority, export of Bus and Truck Radial Tyres falling under
item nos. 40112010 (for tyres) and 40131020 and 40129049 (for tubes and flaps
respectively) of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975), by M/s. Weifang Huadong Rubber Co Ltd China PR (Producer), and M/s.
Qingdao Autochem International Co. Ltd (exporter), from China PR, when imported
into India, shall be subjected to provisional assessment till the review is
completed.
2. The provisional assessment may be subject to such security or guarantee as
the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the
case may be, deems fit for payment of the deficiency, if any, in case a
definitive anti dumping duty is imposed retrospectively, on completion of
investigation by the designated authority.
3. In case of recommendation of anti-dumping duty after completion of the said
review by the designated authority, the importer shall be liable to pay the
amount of such anti-dumping duty recommended on review and imposed on all
imports of Bus and Truck Radial Tyres in to India, when exports made by M/s.
Weifang Huadong Rubber Co Ltd China PR (Producer), and M/s. Qingdao Autochem
International Co. Ltd (exporter), when imported in to India, from the date of
initiation of the said review.
[F. No. 354/207/2009-TRU (Pt.1)]
(K.S.V.V. Prasad)
Under Secretary to the Government of India
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