[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 ofMeasurement | 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 diacode 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 diacode above 16" used in buses and lorries/trucks | China PR | China PR | HangzhouZhongceRubber Co. Ltd | HangzhouZhongceRubber 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 diacode 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 diacode above 16" used in buses and lorries/trucks | China PR | China PR | Shandong Wanda Boto Tyre Co. Ltd | Shandong Wanda BotoTyre 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 diacode 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 diacode above 16" used in buses and lorries/trucks | China PR | China PR | ShandongYinbao Tyre Group Co. Ltd. | ShandongYinbao 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 diacode 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 diacode above 16" used in buses and lorries/trucks | China PR | China PR | ShangdongHengfengRubber & Plastic Co. Ltd. | ShangdongHengfengRubber & 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 diacode 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 diacode above 16" used in buses and lorries/trucks | China PR | China PR | CopperChengshan(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 diacode 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 diacode 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 diacode 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 diacode 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 diacode 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 diacode 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 diacode 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 diacode 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 diacode 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
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