Regarding anti dumping duty on Bus and
Truck Radial Tyres, originating in, or exported from the People's Republic of China(China
PR) and Thailand
[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. 12 / 2010 - Customs
New Delhi, the 19th February, 2010
G.S.R.
(E). Whereas, in the matter of imports 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 1st January,
2010 published in the Gazette of India, Extraordinary, Part I, Section 1, dated
the 1st January, 2010, has come to
the conclusion that -
(a)
there has 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 are 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 has
resulted in increase in inventories with the domestic industry in spite of higher
capacity utilization;
(e) this has led to domestic industry suffering material injury and imposition of final duty is required to offset dumping and injury; and has recommended to impose definitive anti-dumping duties 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-sections (1) and (5)
of section 9A of the said Customs Tariff Act, 1975, and in pursuance of rules 18
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 final findings of the designated authority,
hereby imposes on the goods, the description of which is specified in column (3)
of the Table below, falling under item nos. of the First Schedule to the said Customs
Tariff Act as specified in the corresponding entry in column (2), originating in
the countries as specified in the corresponding entry in column (4), produced by
the producers as specified in the corresponding entry in column (6), when exported
from the countries as specified in the corresponding entry in column (5), by the
exporters as specified in the corresponding entry in column (7), and imported into
India, an anti-dumping duty which shall be equal to the amount indicated in column
(8) of the said table, in the currency as specified in the corresponding entry in
column (10) and per unit of measurement as specified in the corresponding entry
in column (9) of the said Table.
Table
S.No |
Item No. |
Description |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit
of Measurement |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1 |
40112010, 40131020 and 40129049 |
New/Unused pneumatic Radial
tyres(Including Tubeless) with or without tubes and/or flap of rubber,
having nominal rim
dia
code above 16" used in buses and lorries/trucks |
China PR |
China PR |
Quingdao
Double Star Tire Industrial Co.
Ltd.. |
Quingdao
Double Star Tire Industrial Co.
Ltd.. |
34.81 |
One set TTF *
(TTF= Tyre + Tube + Flap)
|
US Dollar |
2 |
40112010, 40131020 and 40129049 |
New/Unused pneumatic Radial
tyres(Including Tubeless) with or without tubes and/or flap of rubber,
having nominal rim
dia
code above 16" used in buses and lorries/trucks |
China PR |
China PR |
Hangzhou
Zhongce
Rubber Co. Ltd |
Hangzhou
Zhongce
Rubber Co. Ltd |
32.74 |
One set TTF * |
US Dollar |
3 |
40112010, 40131020 and 40129049 |
New/Unused pneumatic Radial
tyres(Including Tubeless) with or without tubes and/or flap of rubber,
having nominal rim
dia
code above 16" used in buses and lorries/trucks |
China PR |
China PR |
Aeolus Tyre Co. Ltd |
Aeolus Tyre Co. Ltd |
30.79 |
One set TTF * |
US Dollar |
4 |
40112010, 40131020 and 40129049 |
New/Unused pneumatic Radial
tyres(Including Tubeless) with or without tubes and/or flap of rubber,
having nominal rim
dia
code above 16" used in buses and lorries/trucks |
China PR |
China PR |
Shandong Wanda
Boto
Tyre Co. Ltd |
Shandong
Wanda Boto
Tyre Co. Ltd |
40.73 |
One set TTF * |
US Dollar |
5 |
40112010, 40131020 and 40129049 |
New/Unused pneumatic Radial
tyres(Including Tubeless) with or without tubes and/or flap of rubber,
having nominal rim
dia
code above 16" used in buses and lorries/trucks |
China PR |
China PR |
Tringle
Tyre Co. Ltd. |
Tringle
Tyre Co. Ltd. |
26.01 |
One set TTF * |
US Dollar |
6 |
40112010, 40131020 and 40129049 |
New/Unused pneumatic Radial
tyres(Including Tubeless) with or without tubes and/or flap of rubber,
having nominal rim
dia
code above 16" used in buses and lorries/trucks |
China PR |
China PR |
Shandong
Yinbao
Tyre Group Co. Ltd. |
Shandong
Yinbao
Tyre Group Co. Ltd. |
35.17 |
One set TTF * |
US Dollar |
7 |
40112010, 40131020 and 40129049 |
New/Unused pneumatic Radial
tyres(Including Tubeless) with or without tubes and/or flap of rubber,
having nominal rim
dia
code above 16" used in buses and lorries/trucks |
China PR |
China PR |
shangdung
Jinyu
Tyre Co. Ltd |
Shangdong
Jinyu
Tyre Co. Ltd |
39.66 |
One set TTF * |
US Dollar |
8 |
40112010, 40131020 and 40129049 |
New/Unused pneumatic Radial
tyres(Including Tubeless) with or without tubes and/or flap of rubber,
having nominal rim
dia
code above 16" used in buses and lorries/trucks |
China PR |
China PR |
Shangdong
Hengfeng
Rubber & Plastic Co. Ltd. |
Shangdong
Hengfeng
Rubber & Plastic Co. Ltd. |
24.97 |
One set TTF * |
US Dollar |
9 |
40112010, 40131020 and 40129049 |
New/Unused pneumatic Radial
tyres(Including Tubeless) with or without tubes and/or flap of rubber,
having nominal rim
dia
code above 16" used in buses and lorries/trucks |
China PR |
China PR |
Double
Coin Holding Ltd. |
Double
Coin Holding Ltd. |
25.68 |
One set TTF * |
US Dollar |
10 |
40112010, 40131020 and 40129049 |
New/Unused pneumatic Radial
tyres(Including Tubeless) with or without tubes and/or flap of rubber,
having nominal rim
dia
code above 16" used in buses and lorries/trucks |
China PR |
China PR |
Copper
Chengshan
(Shandong) Tire Co. Ltd. |
Copper
Chengshan
(Shandong) 'Tire Co Ltd. |
42.48 |
One set TTF * |
US Dollar |
11 |
40112010, 40131020 and 40129049 |
New/Unused pneumatic Radial
tyres(Including Tubeless) with or without tubes and/or flap of rubber,
having nominal rim
dia
code above 16" used in buses and lorries/trucks |
China PR |
China PR |
Xingyuan
Tire Group Co. Ltd. |
Xingyuan
Tire Group Co. Ltd. |
37.21 |
One set TTF * |
US Dollar |
12 |
40112010, 40131020 and 40129049 |
New/Unused pneumatic Radial
tyres(Including Tubeless) with or without tubes and/or flap of rubber,
having nominal rim
dia
code above 16" used in buses and lorries/trucks |
China PR |
China PR / Singapore |
Michelin Shenyang Tire Co.
Ltd |
Michelin Asia- Pacific Import-
Export (HK) Ltd. |
37.83 |
One set TTF * |
US Dollar |
13 |
40112010, 40131020 and 40129049 |
New/Unused pneumatic Radial
tyres(Including Tubeless) with or without tubes and/or flap of rubber,
having nominal rim
dia
code above 16" used in buses and lorries/trucks |
China PR |
China PR |
Any other
than combination at S. No. 1 to 12 above |
Any other
than combination at S. No. 1 to 12 above |
88.27 |
One set TTF * |
US Dollar |
14 |
40112010, 40131020 and 40129049 |
New/Unused pneumatic Radial
tyres(Including Tubeless) with or without tubes and/or flap of rubber,
having nominal rim
dia
code above 16" used in buses and lorries/trucks |
Thailand |
China PR |
Any |
Any |
99.05 |
One set TTF * |
US Dollar |
15 |
40112010, 40131020 and 40129049 |
New/Unused pneumatic Radial
tyres(Including Tubeless) with or without tubes and/or flap of rubber,
having nominal rim
dia
code above 16" used in buses and lorries/trucks |
Any other than China PR
and Thailand |
China PR |
Any |
Any |
88.27 |
One set TTF * |
US Dollar |
16 |
40112010, 40131020 and 40129049 |
New/Unused pneumatic Radial
tyres(Including Tubeless) with or without tubes and/or flap of rubber,
having nominal rim
dia
code above 16" used in buses and lorries/trucks |
Thailand |
Thailand / Singapore |
Michelin
Siam Co. Ltd. |
Michelin Asia- Pacific Import-
Export (HK) Ltd. |
76.22 |
One set TTF * |
US Dollar |
17 |
40112010, 40131020 and 40129049 |
New/Unused pneumatic Radial
tyres(Including Tubeless) with or without tubes and/or flap of rubber,
having nominal rim
dia
code above 16" used in buses and lorries/trucks |
Thailand |
Thailand |
Any other
than combination at S. No. 16 above |
Any
other than combination at S. No. 16 above |
99.05 |
One set TTF * |
US Dollar |
18 |
40112010, 40131020 and 40129049 |
New/Unused pneumatic Radial
tyres(Including Tubeless) with or without tubes and/or flap of rubber,
having nominal rim
dia
code above 16" used in buses and lorries/trucks |
China PR |
Thailand |
Any |
Any |
99.05 |
One set TTF * |
US Dollar |
19 |
40112010, 40131020 and 40129049 |
New/Unused pneumatic Radial
tyres(Including Tubeless) with or without tubes and/or flap of rubber,
having nominal rim
dia
code above 16" used in buses and lorries/trucks |
Any other than China
PR and Thailand |
Thailand |
Any |
Any |
99.05 |
One set TTF * |
US Dollar |
*- Note:
1.
The duty amount as indicated in Column (8)
shall be applicable on TTF set or Tubeless Tyre.
2.
In case of imports of tyre, tube or flap individually
or in any combination thereof, the amounts shall be calculated by applying the percentage
as specified in the Schedule given below to the amount mentioned in column (8).
Schedule
S.No.
|
Description |
% to be applied on the amount mentioned
in column (8) of the Table |
(1) |
(2) |
(3) |
1. |
Tyre |
90%
|
2. |
Tube |
7%
|
3. |
Flap |
3%
|
4. |
Tyre and tube |
97%
|
5. |
Tyre and flap |
93%
|
6. |
Tube and flap |
10%
|
2. The anti-dumping duty imposed under
this notification shall be payable in Indian currency.
Explanation: - For the purposes of this notification, rate of exchange applicable
for the purposes of calculation of such 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 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.
[F. No: 354/207/2009- TRU]
Prashant
Kumar
Under
Secretary to the Government of India
Guest
Published in Custom