Notification No. 3/2013, Dated 26th March 2013

   [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. 3/2013-Customs (ADD)

New Delhi, the 26th March, 2013

G.S.R.      (E). -Whereas, the designated authority vide notification No. 15/22/2011-DGAD, dated the 24thFebruary, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24thFebruary, 2012, had initiated review in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), read with rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in the matter of continuation of anti-dumping duty on imports of Flat Base Steel Wheels, originating in, or exported from, People’s Republic of China, imposed vide  notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 124/2007-Customs, dated the 31st December , 2007, published in the Gazette of India, Extraordinary, vide number G.S.R.798 (E), dated the  31st December, 2007, read with notification of the Government of India, in the Ministry of Finance (Department of Revenue)No. 16/2012-Customs, dated the 20th March, 2012, published in the Gazette of India, Extraordinary, vide number G.S.R.231(E), dated the 20th March, 2012;

  And whereas the designated authority, in its final findings vide notification No. 15/22/2011-DGAD, dated the 20th February, 2013, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the  20thFebruary, 2013, has come to the conclusion that-

  (i)   imports from People’s Republic of China have increased over the injury period and continue to command a significant share;

 (ii)  volume of dumped imports is quite significant in relation to production and consumption in India;

 (iii)  there has been continued dumping of the subject goods from People’s Republic of China and the dumping is likely to continue and increase if the anti-dumping duty is allowed to cease;

 (iv)  price undercutting has been significantly positive during the entire injury period both with and without anti-dumping duty;

 (v)   price underselling has been significantly positive both with and without anti-dumping duty;

  (vi)  the performance of the domestic industry in terms of market share, profits, return on investments, cash profit etc. has deteriorated in Period of Investigation, whereas the same shall have normally improved after imposition of anti-dumping duties;

  (vii) although the domestic industry has shown positive growth in some of the economic parameters such as production, domestic sales, and productivity during the Period of Investigation, the improvement in the economic health of the domestic industry is largely due to the imposition of the anti-dumping measures;

 (viii) the subject goods are entering the Indian market at dumped prices and the dumping margin is above de-minimis;

 (ix)  should the present anti-dumping duties be revoked, dumping of the subject goods will intensify causing further injury to the domestic industry,

and has recommended extension of definitive anti-dumping duty at increased rates on imports of the subject goods originating in, or exported from, the subject country.

Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the  Customs Tariff Act, read with rules 18 and  23 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 findings and recommendations  of the designated authority, hereby imposes anti- dumping duty on the goods, the description of which is specified in column (3) of the Table below, 

falling under sub-heading/tariff item of the First Schedule to the Customs Tariff Act specified in the corresponding entry in column (2),originating in the countries specified in the corresponding entry in column (4), exported from the countries specified in the corresponding entry in column (5), produced by the producers specified in the corresponding entry in column (6), exported by the exporters specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty equal to the amount specified in the corresponding entry in column (8), in the currency specified in the corresponding entry in column (9) and per unit of measurement specified in the corresponding entry in column (10) of the aforesaid Table, namely:-

                  Duty Table

Landed value of imports for the purpose shall be assessable value as determined by the Customs Authority under the Customs Act,1962 (52 of 1962)  and all duties of Customs except duties levied under sections 3,3A,8B ,9 and 9A of the Customs Tariff Act.

2.   The anti-dumping duty imposed under this notification shall be effective for a period of five years from the date of publication of this notification in the Official Gazette.

3. The anti-dumping duty imposed under this notification shall be payable in Indian currency.

[F. No. 354/10/2007/TRU (Pt-1)]  

 (Raj Kumar Digvijay)

Under Secretary to the Government of India.