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 - 12/2010 - Anti Dumping Duty

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. 93(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 1 st January, 2010 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1 st 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 1 [ Qingdao Double Star Tire Industrial Co. Ltd. ] 2 [ Qingdao 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 ***************** Notes:- 1. Substituted vide notification no. 86/2010 Cus dated 1-9-2010 , earlier it was read as, Quingdao Double Star Tire Industrial Co. Ltd. 2. Substituted vide notification no. 86/2010 Cus dated 1-9-2010 , earlier it was read as, Quingdao Double Star Tire Industrial Co. Ltd...