Another Five Years of Anti-Dumping
Duty on Flat Base Steel Wheels from China
[Ref: Notification No. 3/2013-Customs (ADD) dated
26 March 2013]
Whereas, the designated authority
vide notification No. 15/22/2011-DGAD, dated the 24thFebruary,
2012, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 24th February, 2012, 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 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, in the matter
of continuation of anti-dumping duty on imports of Flat Base Steel Wheels, originating in, or exported from, People’s
Republic of China, imposed vide
notification of the Government of India, in the Ministry of Finance
(Department of Revenue) No. 124/2007-Customs, dated the 31st
December , 2007, published in the Gazette of India, Extraordinary, vide number
G.S.R.798 (E), dated the 31st December, 2007, read with notification of the
Government of India, in the Ministry of Finance (Department of Revenue)No.
16/2012-Customs, dated the 20th March, 2012, published in the Gazette of India,
Extraordinary, vide number G.S.R.231(E), dated the 20th March, 2012;
And whereas the designated
authority, in its final findings vide notification No. 15/22/2011-DGAD,
dated the 20th February, 2013, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 20th February, 2013, has
come to the conclusion that-
(i)
imports
from People’s Republic of China have increased over the injury period and
continue to command a significant share;
(ii)
volume
of dumped imports is quite significant in relation to production and
consumption in India;
(iii)
there
has been continued dumping of the subject goods from People’s Republic of China
and the dumping is likely to continue and increase if the anti-dumping duty is
allowed to cease;
(iv)
price
undercutting has been significantly positive during the entire injury period
both with and without anti-dumping duty;
(v)
price
underselling has been significantly positive both with and without anti-dumping
duty;
(vi)
the
performance of the domestic industry in terms of market share, profits, return
on investments, cash profit etc. has deteriorated in Period of Investigation,
whereas the same shall have normally improved after imposition of anti-dumping
duties;
(vii)
although
the domestic industry has shown positive growth in some of the economic
parameters such as production, domestic sales, and productivity during the
Period of Investigation, the improvement in the economic health of the domestic
industry is largely due to the imposition of the anti-dumping measures;
(viii)
the
subject goods are entering the Indian market at dumped prices and the dumping
margin is above de-minimis;
(ix)
should
the present anti-dumping duties be revoked, dumping of the subject goods will
intensify causing further injury to the domestic industry,
and has
recommended extension of definitive anti-dumping duty at increased rates on
imports of the subject goods originating in, or exported from, the subject
country.
Now, therefore, in exercise of
the powers conferred by sub-section (1), read with sub-section (5) of section
9A of the Customs Tariff Act, 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 and recommendations 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
sub-heading/tariff item of the First Schedule to the Customs Tariff Act
specified in the corresponding entry in column (2),originating in the countries
specified in the corresponding entry in column (4), exported from the countries
specified in the corresponding entry in column (5), produced by the producers
specified in the corresponding entry in column (6), exported by the exporters
specified in the corresponding entry in column (7), and imported into India, an
anti-dumping duty equal to the amount specified in the corresponding entry in
column (8), in the currency specified in the corresponding entry in column (9)
and per unit of measurement specified in the corresponding entry in column (10)
of the aforesaid Table, namely:-
|
Duty Table |
|||||||||
|
SNo. |
Sub-Heading/ Tariff Item |
Description of Goods |
Country of Origin |
Country of Export |
Producer |
Exporter |
Amount of duty |
Currency |
Unit of Measurement |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
1 |
8708.70 |
Flat Base Steel Wheels of nominal diameter 16”-20” |
People’s Republic of China |
People’s Republic of China |
M/s Zhengxing wheel Group Co. Ltd: |
M/s Zhengxing wheel Group Co. Ltd: |
512.64 |
US Dollar |
MT |
|
2 |
-do- |
-do- |
People’s Republic of China |
People’s Republic of China |
Any combination of producer or exporter other than in S.No.1 above |
613.00 |
US Dollar |
MT |
|
|
3 |
-do- |
-do- |
People’s Republic of China |
Any country other than People’s Republic of China |
Any |
Any |
613.00 |
US Dollar |
MT |
|
4 |
-do- |
-do- |
Any country other than People’s Republic of China |
People’s Republic of China |
Any |
Any |
613.00 |
US Dollar |
MT |
Landed value of imports for the
purpose shall be assessable value as determined by the Customs Authority under
the Customs Act,1962 (52 of 1962) and all duties of Customs except duties
levied under sections 3,3A,8B ,9 and 9A of the Customs Tariff Act.
2. The anti-dumping duty imposed under this notification shall be
effective for a period of five years from the date of publication of this
notification in the Official Gazette.
3. The anti-dumping duty imposed under this notification shall be
payable in Indian currency.
[F. No.
354/10/2007/TRU (Pt-1)]