Regarding anti dumping duty on tyre vulcanisers or rubber processing machineries for tyres, originating in or exported from, Peoples Republic of China

Regarding anti dumping duty on tyre vulcanisers or rubber processing machineries for tyres, originating in or exported from, People’s Republic of China

[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. 01/2010-Customs

New Delhi, the 8^th January, 2010

G.S.R.      (E).- Whereas, in the matter of import of tyre curing presses also known as tyre vulcanisers or rubber processing machineries for tyres (hereinafter referred to as the subject goods), falling under tariff item 8477 51 00 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) (hereinafter referred to as the subject country), the designated authority, in its preliminary findings vide notification No. 14/22/2007-DGAD, dated the  5th March, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 9th March, 2009, has come to the conclusion that–

the subject goods have entered the Indian market from the subject country at prices less than their normal values in the domestic market of the exporting country;

(i)         the dumping margins of the subject goods imported from the subject country are substantial and above de minimis; and

(ii)        the domestic industry has suffered material injury and the injury has been caused to the domestic industry, both by volume and price effect of dumped imports of the subject goods originating in or exported from the subject country;

And whereas, the designated authority, in its final findings vide notification No. 14/22/2007-DGAD, dated the 15^th October, 2009, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 15^th October, 2009, has come to the conclusion that –

(i)         the subject goods have entered the Indian market from the subject country at prices less than their normal values in the domestic market of the exporting country;  

(ii)        the dumping margins of the subject goods imported from the subject country are substantial and above de minimis; and

(iii)       the domestic industry has suffered material injury and the injury has been caused to the domestic industry, both by volume and price effect of dumped imports of the subject goods originating in or exported from the subject country;

and has recommended to impose definitive anti-dumping duties on all imports of the subject goods, originating in or exported from the subject country.

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said Customs Tariff Act, read with 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 tariff item 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), originating in the country as specified in the corresponding entry in column (5) and produced by the producer as specified in the corresponding entry in column (7), when exported from the country as specified in the corresponding entry in column (6), by the exporter as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate to be worked out as percentage of the CIF value of imports of the subject goods as specified in the corresponding entry in column (9) of the said Table.

Table

2.         The anti-dumping duty imposed under this notification shall be levied with effect from the date of issuance of this notification.

Note.- For the purposes of this notification, “CIF value” means assessable value as determined under section 14 of the Customs Act, 1962 (52 of 1962).

 [F. No: 354/80/2009- TRU]

(Prashant Kumar)

Under Secretary to the Government of India