Custom Notification No 12/2010 dated 19th February, 2010 - 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

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 19^th 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 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	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 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