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Customs Notification No.12/2010
February, 23rd 2010

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

***

Notification No. 12 / 2010 - Customs

New Delhi, the 19th 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 1st January, 2010 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st 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).

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

 
 
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