[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. 47/2012-Customs (ADD)
New Delhi, the 8th October, 2012
Seeks to impose antidumping duty on new/unused pneumatic non radial bias tyres ..etc in pursuance to sunset review investigation
G.S.R. (E). -Whereas, the designated authority vide notification No. 15/35/2010-DGAD, dated the 3rd August, 2011, published in the Gazette of India, Extraordinary, Part I, Section 1, 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 said 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 (hereinafter referred to as the said rules), in the matter of continuation of anti-dumping duty on imports of new/unusedpneumatic non radial bias tyres, tubes and flaps with or without tubes or flap of rubber, having nominal rim dia code above 16" used in buses and lorries or trucks falling under tariff items 40112090, 40131020and 40129049 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from People’s Republic of China and Thailand, imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 88/2007-Customs, dated the 24th July, 2007, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.502(E), dated the 24th July, 2007, as superseded by notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 117/2010-Customs, dated the 18th November, 2010, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.917(E), dated the 18th November, 2010, which was extended for a further period of one year by notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 17/2012-Customs, dated the 30th March, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.272(E), dated the 30th March, 2012 and had recommended continuation of the anti-dumping duty vide notification No. 15/35/2010-DGAD, dated the 2nd August, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2nd August, 2012.
Now, therefore, in exercise of the powers conferred by sub-section (1) read with sub-section (5) of section 9A of the said Customs Tariff Act, 1975 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 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 tariff item of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country specified in the corresponding entry in column (4), and exported from the country specified in the corresponding entry in column (5) and produced by the producer specified in the corresponding entry in column (6) and exported by the exporter specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (8), 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
|
Sl. No
|
Heading /
Subheadings
|
Description of goods
|
Country
of Origin
|
Country
of Exports
|
Producer
|
Exporter
|
Duty
Amount
|
Unit
|
Currency
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
|
1.
|
40112090 ,
40131020 and
40129049
|
‘new/unused pneumaticnon radial bias tyres, tubes & flaps with orwithout tubes and/orflap of rubber, havingnominal rim dia code above 16" used in buses and lorries/trucks’
|
Thailand
|
Thailand
|
Any
|
Any
|
0.86
|
Kg
|
US $
|
|
2.
|
40112090 ,
40131020 and
40129049
|
‘new/unused pneumaticnon radial bias tyres, tubes & flaps with orwithout tubes and/orflap of rubber, havingnominal rim dia codeabove 16" used in buses and lorries/trucks’
|
Thailand
|
Any
country other than Thailand
|
Any
|
Any
|
0.86
|
Kg
|
US $
|
|
3.
|
40112090 ,
40131020 and
40129049
|
‘new/unused pneumaticnon radial bias tyres, tubes & flaps with orwithout tubes and/orflap of rubber, havingnominal rim dia codeabove 16" used in buses and lorries/trucks’
|
Any
country other than
countriesattracting Anti- dumping duty
|
Thailand
|
Any
|
Any
|
0.86
|
Kg
|
US $
|
|
4.
|
40112090 ,
40131020 and
40129049
|
‘new/unused pneumaticnon radial bias tyres, tubes & flaps with orwithout tubes and/orflap of rubber, havingnominal rim dia codeabove 16" used in buses and lorries/trucks’
|
People’s Republic of China
|
People’s Republic of China
|
M/s
HangzhouZhongceRubberCo., Ltd.
|
M/s
HangzhouZhongceRubberCo., Ltd.
|
1.12
|
Kg
|
US $
|
|
5.
|
40112090 ,
40131020 and
40129049
|
‘new/unused pneumaticnon radial bias tyres, tubes & flaps with orwithout tubes and/orflap of rubber, havingnominal rim dia codeabove 16" used in buses and lorries/trucks’
|
People’s Republic of China
|
People’s Republic of China
|
Any,
except as inSr. no
4 above
|
Any
|
1.31
|
Kg
|
US $
|
|
6.
|
40112090 ,
40131020 and
40129049
|
‘new/unused pneumaticnon radial bias tyres, tubes & flaps with orwithout tubes and/orflap of rubber, havingnominal rim dia codeabove 16" used in buses and lorries/trucks’
|
People’s Republic of China
|
People’s Republic of China
|
Any
|
Any,
except as inSr. no
4 above
|
1.31
|
Kg
|
US $
|
|
7.
|
40112090 ,
40131020 and
40129049
|
‘new/unused pneumaticnon radial bias tyres, tubes & flaps with orwithout tubes and/orflap of rubber, havingnominal rim dia codeabove 16" used in buses and lorries/trucks’
|
People’s Republic of China
|
People’s Republic of China
|
Any
|
Any
|
1.31
|
Kg
|
US $
|
|
8.
|
40112090 ,
40131020 and
40129049
|
‘new/unused pneumaticnon radial bias tyres, tubes & flaps with orwithout tubes and/orflapof rubber, havingnominal rim dia codeabove 16" used in buses and lorries/trucks’
|
People’s Republic of China
|
Any
country other thanPeople’s Republic of China
|
Any
|
Any
|
1.31
|
Kg
|
US $
|
|
9.
|
40112090 ,
40131020 and
40129049
|
‘new/unused pneumaticnon radial bias tyres, tubes & flaps with or without tubes and/or flap of rubber, having nominal rim dia code above 16" used in buses and lorries/trucks’
|
Any
country other than
countries attracting Anti-dumping duty
|
People’s Republic of China
|
Any
|
Any
|
1.31
|
Kg
|
US $
|
2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette and shall be payable in Indian currency.
Explanation. – For the purpose 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.354/107/2006-TRU (Pt. II)]
Raj Kumar Digvijay
Under Secretary to the Government of India