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Customs Notification No-106/2006
dated 09.10.2006
Imposition of provisional anti-dumping duty on import of bias tyres
G.S.R. (E).- Whereas, in the matter of import of bias tyres (hereinafter
referred to as the subject goods), falling against tariff items 4011 20 90, 4012
90 49 and 4013 10 20 of the First Schedule to the Customs Tariff Act, 1975 (51
of 1975), originating in, or exported from, People’s Republic of China (China
PR) and Thailand (hereinafter referred to as the subject countries), the
designated authority, in its preliminary findings vide notification No.
14/9/2005-DGAD dated the 31st July, 2006, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 31st July, 2006, read with the
corrigendum No.14/9/2005-DGAD, dated the 19th September, 2006, has come to the
conclusion that -
a) the subject goods have been exported to India from the subject countries
below its normal value;
b) the domestic industry has suffered material injury;
c) the injury has been caused by the dumped imports from subject countries,
and has recommended imposition of provisional anti-dumping duty on all imports
of the subject goods, originating in, or exported from, the subject countries;
Now, therefore, in exercise of the powers conferred by sub-section (2) of
section 9A of the said Customs Tariff Act, read with rules 13 and 20 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, on the basis of the aforesaid preliminary findings and the
corrigendum of the designated authority, hereby imposes on the goods, the
description of which is specified in column (3) of the Table below, falling
against tariff items of the First Schedule to the said Customs Tariff Act as
specified in the corresponding entry in column (2), the specification of which
is specified in column (4) of the said Table, originating in the countries as
specified in the corresponding entry in column (5) and produced by the producers
as specified in the corresponding entry in column (7), when exported from the
countries as specified in the corresponding entry in column (6), by the
exporters as specified in the corresponding entry in column (8) and imported
into India, an anti-dumping duty at a rate which is equivalent to the difference
between the reference price as specified in the corresponding entry in column
(9), in the currency as specified in the corresponding entry in column (11) and
per unit of measurement as specified in the corresponding entry in column (10)
of the said Table and the landed value of said imported goods in like currency
per like unit of measurement;
Duty Table
S. No | Tariff Item | Des- crip- tion of goods | Spe- cifica- tion | Country of origin | Country of export | Prod- ucer | Expo- rter | Refer- ence price | Unit of mea- sure- ment | Curre- ncy |
(1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
1 | 40131020 | Inner tubes of rubber for buses and lorries | Any | China PR | Any | Any | Any | 6.98 | Per piece | US$ |
2 | 40129049 | Tyre flaps of rubber for buses and lorries | Any | China PR | Any | Any | Any | 3.50 | Per piece | US$ |
3 | 40112090 | New/unused pneumatic non radial bias tyres of rubber, having nominal rim dia code above 16” | Any | China PR | Any | Any | Any | 88.82 | Per piece | US$ |
4 | 40131020 | Inner tubes of rubber for buses and lorries | Any | Any excluding Thailand | China PR | Any | Any | 6.98 | Per piece | US$ |
5 | 40129049 | Tyre flaps of rubber for buses and lorries | Any | Any excluding Thailand | China PR | Any | Any | 3.50 | Per piece | US$ |
6 | 40112090 | New/unused pneumatic non radial bias tyres of rubber, having nominal rim dia code above 16” | Any | Any excluding Thailand | China PR | Any | Any | 88.82 | Per piece | US$ |
7 | 40131020 | Inner tubes of rubber for buses and lorries | Any | Thailand | Any | Any | Any | 8.50 | Per piece | US$ |
8 | 40129049 | Tyre flaps of rubber for buses and lorries | Any | Thailand | Any | Any | Any | 4.26 | Per piece | US$ |
9 | 40112090 | New/unused pneumatic non radial bias tyres of rubber, having nominal rim dia code above 16” | Any | Thailand | Any | Any | Any | 108.27 | Per piece | US$ |
10 | 40131020 | Inner tubes of rubber for buses and lorries | Any | Any excluding China PR | Thailand | Any | Any | 8.50 | Per piece | US$ |
11 | 40129049 | Tyre flaps of rubber for buses and lorries | Any | Any excluding China PR | Thailand | Any | Any | 4.26 | Per piece | US$ |
12 | 40112090 | New/unused pneumatic non radial bias tyres of rubber, having nominal rim dia code above 16” | Any | Any excluding China PR | Thailand | Any | Any | 108.27 | Per piece | US$ |
2. The anti-dumping duty imposed under this notification shall be payable in
Indian currency.
Explanation. - For the purposes of this notification, -
(a) “landed value” means the assessable value as determined under the Customs
Act, 1962 (52 of 1962) and includes all duties of customs except duties levied
under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;
(b) “rate of exchange” applicable for the purposes of calculation of
anti-dumping duty shall be the rate which is specified in the notification of
the Government of India in the Ministry of Finance (Department of Revenue),
issued from time to time, in exercise of the powers conferred by sub-clause (i)
of clause (a) of sub-section (3) of section 14 of the Customs Act, 1962 (52 of
1962), and the relevant date for the determination of the rate of exchange shall
be the date of presentation of the bill of entry under section 46 of the said
Customs Act.
(S. Bajaj)
Under Secretary to the Government of India
[F.No.354/107/2006-TRU]