Front Axle Beams and Steering Knuckles for Commercial Vehicles from China – Anti-dumping Duty to Continue for Another Five Years in Review

[Customs Notification No. 49 (ADD) dated 21^st October 2015]

Whereas, the designated authority, vide notification No. 15/11/2014-DGAD, dated the 13^th June, 2014, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 13^th June, 2014, had initiated a review in the matter of continuation of anti-dumping duty on imports of Front Axle Beam and Steering Knuckles meant for heavy and medium commercial vehicles (hereinafter referred to as the subject goods) falling under tariff items 7326 1910, 7326 1990, 7326 9099, 8708 5000, 8708 9900 of the First Schedule to the Customs Tariff Act 1975, (51 of 1975) (hereinafter referred to as the said Act), originating in, or exported from, the People’s Republic of China (hereinafter referred to as the subject country), imposed vide notification of Government of India, in the Ministry of Finance (Department of Revenue), No. 50/2010-Customs, dated the 12^th April, 2010, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R. No. 315 (E), dated the 12^th April, 2010.

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in, or exported from, the subject country up to and inclusive of the 14^th June, 2015 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 30/2014 Customs (ADD) dated the 23^rd July, 2014, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R No. 525(E), dated the 23^rd July, 2014.

And whereas, in the matter of review of anti-dumping on import of the subject goods, originating in, or exported from the subject country, the designated authority vide its final findings, No. 15/11/2014-DGAD, dated the 11^th September, 2015, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 11^th September, 2015, has come to the conclusion that –

(i) the subject goods have continued to enter the Indian market from the subject country at prices less than their normal values and the dumping margins are substantial and above de minimis, though the volume is low;

(ii) the performance of the domestic industry has declined due to decline in demand and presence of dumped imports during the injury investigation period but the domestic industry has not suffered material injury during the period of investigation due to the dumped imports;

(iii) the goods are likely to be exported at dumped prices in the event of cessation of anti- dumping duty and dumping is likely to continue or recur; and

(iv) there is a strong likelihood of recurrence of injury to the domestic industry in the event of cessation of anti-dumping duty because of continued dumped imports from the subject country,

and has recommended continued imposition of the anti-dumping duty against the subject goods, originating in, or exported from, the subject country.

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said 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, after considering the aforesaid final findings of the designated authority, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, falling against tariff items of the First Schedule to the said 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), exported from the countries 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 at the rate which is equal to the amount specified in the corresponding entry in column (8), in the currency as specified in the corresponding entry in column (10) and as per unit of measurement as specified in the corresponding entry in column (9) of the said Table.

Table
S. No.	Tariff item	Description of goods	Country of origin	Country of export	Producer	Exporter	Amount	Unit	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
1	7326 1910, 7326 1990, 7326 9099, 8708 5000, 8708 9900	Front Axle Beam for medium or heavy commercial vehicle	People's Republic of China	People's Republic of China	Hubei Tri-ring Auto Axle Co. Ltd.	Hubei Tri-ring Auto Axle Co. Ltd.	0.35	Per Kg	US Dollar
2	7326 1910, 7326 1990, 7326 9099, 8708 5000, 8708 9900	Front Axle Beam for medium or heavy commercial vehicle	People's Republic of China	People's Republic of China	Any producer other than S.No. 1 above	Any exporter other than S.No. 1 above	0.63	Per Kg	US Dollar
3	7326 1910, 7326 1990, 7326 9099, 8708 5000, 8708 9900	Front Axle Beam for medium or heavy commercial vehicle	People's Republic of China	Any	Any	Any	0.63	Per Kg	US Dollar
4	7326 1910, 7326 1990, 7326 9099, 8708 5000, 8708 9900	Front Axle Beam for medium or heavy commercial vehicle	Any country other than People's Republic of China	People's Republic of China	Any	Any	0.63	Per Kg	US Dollar
5	7326 1910, 7326 1990, 7326 9099, 8708 5000, 8708 9900	Steering Knuckles for medium or heavy commercial vehicle	People's Republic of China	People's Republic of China	Hubei Tri-ring Forging Co. Ltd.	Hubei Tri-ring Forging Co. Ltd.	0.64	Per Kg	US Dollar
6	7326 1910, 7326 1990, 7326 9099, 8708 5000, 8708 9900	Steering Knuckles for medium or heavy commercial vehicle	People's Republic of China	People's Republic of China	Any producer other than S.No. 5 above	Any exporter other than S.No. 5 above	1.11	Per Kg	US Dollar
7	7326 1910, 7326 1990, 7326 9099, 8708 5000, 8708 9900	Steering Knuckles for medium or heavy commercial vehicle	People's Republic of China	Any	Any	Any	1.11	Per Kg	US Dollar
8	7326 1910, 7326 1990, 7326 9099, 8708 5000, 8708 9900	Steering Knuckles for medium or heavy commercial vehicle	Any country other than People's Republic of China	People's Republic of China	Any	Any	1.11	Per Kg	US Dollar

1. The anti-dumping duty imposed under this notification shall be levied 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 purposes of this notification, rate of exchange” applicable for the purposes of calculation of 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.354/118/2009-TRU (Pt-I)]