[TO BE PUBLISHED IN THE GAZETTE OF INDIA,
EXTRAORDINARY, PART II, SECTION 3, SUB-DECTION (i)]
GOVERNMENT
OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
Notification
No 34/2018-Customs (ADD)
New Delhi, the
25th June, 2018
G.S.R.
(E) .- Whereas, in the matter of import of New/unused Pneumatic radial tyres
(hereinafter referred to as the subject goods), falling under the tariff item
4011 20 10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975),
originating in or exported from People’s Republic of China (hereinafter
referred to as the subject country), the designated authority, vide its final
findings in notification No. 14/14/2015-DGAD, dated the 1 st August, 2017,
published in the Gazette of India, Extraordinary, Part 1, Section 1, dated the
1 st August, 2017, had come to the conclusion that –
i. the product under consideration has been exported
to India from the subject country below normal value;
ii. the domestic industry has suffered material injury on account of subject
imports from the subject country;
iii. the injury has been caused by the dumped imports of the subject goods from
the subject country;
and had recommended imposition of definitive
anti-dumping duty on imports of the subject goods originating in, or exported
from, the subject country;
And
whereas, on the basis of the aforesaid findings of the designated authority,
the Central Government had imposed an anti-dumping duty on the subject goods,
vide, notification of the Government of India in the Ministry of Finance
(Department of Revenue), No.45/2017- Customs (ADD), dated the 18th September,
2017, published vide number G.S.R. 1169(E), in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i), dated the 18th September,
2017;
And
whereas, M/s Shandong Haohua Tire Co. Ltd. (Haohua) (Producer) has filed an
application before the designated authority requesting for review in terms of
rule 22 of the Customs Tariff (Identification, Assessment and Collection of
Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules,
1995, in respect of exports of the subject goods made by them, and the
designated authority, vide new shipper review notification No. 7/8/2018-DGAD,
dated the 16th May, 2018, published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 16th May, 2018, has recommended provisional
assessment of all exports of the subject goods made by the above stated parties
till the completion of the review by it;
Now
therefore, in exercise of the powers conferred by sub-rule (2) of rule 22 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, after considering the aforesaid recommendation of the
designated authority, hereby orders that pending the outcome of the said review
by the designated authority, the subject goods, when originating in or exported
from the subject country by M/s Shandong Haohua Tire Co. Ltd. (Haohua)
(Producer) through Guangzhou Exceed Industrial Technology Co. Ltd. (exporter)
or H K Trade Wing Trading Limited (exporter), and imported into India, shall be
subjected to provisional assessment till the review is completed.
2. The
provisional assessment may be subject to such security or guarantee as the
proper officer of customs deems fit for payment of the deficiency, if any, in
case a definitive antidumping duty is imposed retrospectively, on completion of
investigation by the designated authority.
3. In
case of recommendation of anti-dumping duty after completion of the said review
by the designated authority, the importer shall be liable to pay the amount of
such anti-dumping duty recommended on review and imposed on all imports of
subject goods when originating in or exported from the subject country by M/s
Shandong Haohua Tire Co. Ltd. (Haohua) (Producer) through Guangzhou Exceed
Industrial Technology Co. Ltd. (exporter) or H K Trade Wing Trading Limited
(exporter), and imported into India, from the date of initiation of the said
review.
[F.No.
354/66/2017-TRU]
(Gunjan Verma)
Undersecretary to the Government of India
ORIGINAL
G.S.R. (E)
.- Whereas, in the matter of import of New/unused Pneumatic radial tyres
(hereinafter referred to as the subject goods), falling under the tariff item
2903 39 19 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975),
originating in or exported from People’s Republic of China (hereinafter
referred to as the subject country), the designated authority, vide its final
findings in notification No. 15/23/2014-DGAD, dated the 30th May, 2016,
published in the Gazette of India, Extraordinary, Part 1, dated Section 1,
dated the 30th May, 2016, had come to the conclusion that –
iv. There was continued dumping of the subject goods
from the subject country;
v. Imports were significantly
undercutting the prices of the domestic industry and were depressing the
domestic prices;
vi. The financial performance of the domestic industry had deteriorated and the
dumped imports from the subject country continued to cause injury to the
domestic industry;
vii. Dumping of the subject goods from the subject country was likely to
continue if the current anti-dumping duty ceased,
And had recommended continued imposition of
definitive anti-dumping duty on imports of the subject goods originating in, or
exported from, the subject country.
And
whereas, on the basis of the aforesaid findings of the designated authority,
the Central Government had imposed an anti-dumping duty on the subject goods, vide,
notification of the Government of India in the Ministry of Finance (Department
of Revenue), No.30/2016-Customs (ADD), dated the 11th July, 2016, published
vide number G.S.R. 675(E) in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-Section (i), dated the 11th July, 2016;
And
whereas, M/s. Zhejiang Sanmei Chemical Ind. Co; Ltd., People’s Republic of
China (Producer or Exporter), M/s Zhejiang Sanmei Chemical Products Co., Ltd,
People’s Republic of China (Exporter) and M/s Jiangsu Sanmei Chemical Ind. Co.,
Ltd, People’s Republic of China (Producer) have requested for review in terms
of rule 22 of the Customs Tariff (Identification, Assessment and Collection of
Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules,
1995, in respect of exports of the subject goods made by them, and the
designated authority, vide new shipper review notification No. 15/22/2016-
DGAD, dated 27th February, 2017, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 27th February, 2017, has
recommended provisional assessment of all exports of the subject goods made by
the above stated parties till the completion of the review by it; Now
therefore, in exercise of the powers conferred by sub-rule (2) of rule 22 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, after considering the aforesaid recommendation of the
designated authority, hereby orders that pending the outcome of the said review
by the designated authority, the subject goods, when originating in or exported
from the subject country by M/s. Zhejiang Sanmei Chemical Ind. Co., Ltd.,
People’s Republic of China (Producer or Exporter), M/s Zhejiang Sanmei Chemical
Ind. Co., Ltd, People’s Republic of China (Producer) and imported into India,
shall be subjected to provisional assessment till the review is completed.
2. The
provisional assessment may be subject to such security or guarantee as the proper
officer of customs deems fit for payment of the deficiency, if any, in case a
definitive antidumping duty is imposed retrospectively, on completion of
investigation by the designated authority.
3. In
case of recommendation of anti-dumping duty after completion of the said review
by the designated authority, the importer shall be liable to pay the amount of
such antidumping duty recommended on review and imposed on all imports of
subject goods when originating in or exported from the subject country by M/s.
Zhejiang Sanmei Chemical Ind. Co., Ltd., People’s Republic of China (Producer
or Exporter), M/s Zhejiang Sanmei Chemical Ind. Co., People’s Republic of China
(Producer) and imported into India, from the date of initiation of the said
review.
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