Anti-dumping Duty of US$0.14 per kg to 0.46 per kg on Axle for Trailers in CKD/SKD Form from China Notified
[Notification No. 69/2021-Customs (ADD) dated 13 December 2021]
Seeks to impose Anti-Dumping duty
on the imports of Axle for Trailers in CKD/SKD form originating in or exported
from the Peoples Republic of China.
Whereas,
in the matter of ‘Axle for Trailers’ falling under the tariff item 8716 90 10
(hereinafter referred to as subject goods) of the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff
Act), originating in or exported from the People’s Republic of China
(hereinafter referred to as the subject country), the designated authority, vide its final findings in notification
No. 14/17/2015-DGAD, dated the 30th September, 2016, published in
the Gazette of India, Extraordinary, Part I, Section 1, dated the 30th
September, 2016, had recommended imposition of the anti- dumping duty on Axle
for Trailers, originating in or exported from the People’s Republic of China.
And
whereas, on the basis of the aforesaid findings of the designated authority, the
Central Government had imposed anti-dumping duty on imports of ‘Axle for
Trailers’, originating in or exported from the People’s Republic of China, vide notification of the Government of
India in the Ministry of Finance (Department of Revenue), No.54/2016-Customs
(ADD), dated the 29th November, 2016, published vide G.S.R. 1101(E) in the Gazette of India, Extraordinary, Part
II, Section 3, Sub-Section (i), dated the 29th
November, 2016.
And
whereas, the designated authority, vide notification
No.04/11/2020-DGTR, dated the 15th September, 2020, published in the Gazette of
India, Extraordinary, Part I, Section 1 dated the 15th September, 2020,
in the matter of circumvention of the anti-dumping duty imposed on imports of
‘Axle for Trailers’ originating in or exported from the People’s Republic of China,
had initiated an investigation to determine the need for extending the
anti-dumping duty imposed on imports of ‘Axle for Trailers’, originating in or
exported from the People’s Republic of China, vide notification of the Government of India in the Ministry of
Finance (Department of Revenue), No. 54/2016-Customs (ADD), dated the 29th
November, 2016, published vide G.S.R.
1101(E) in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section
(i), dated the 29th November, 2016, to the
imports of ‘Axle for Trailers in Completely Knock Down (CKD) and Semi Knock
Down condition (SKD)’ falling under the tariff headings 8716 90 10 of the First
Schedule to the Customs Tariff Act, originating in, or exported from the
subject country into India.
And
whereas, the designated authority in its final findings, published vide notification No.04/11/2020- DGTR,
dated the 14th September, 2021, in the Gazette of India,
Extraordinary, Part I, Section 1, has come to the conclusion that-
i. there has been a change in pattern of trade
in case of subject goods from the subject country;
ii. the
value addition in converting the Axle for Trailers in CKD/SKD condition into
subject goods is significantly less than that the prescribed threshold in 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 Anti-dumping Rules);
iii. imports of Axle for Trailers in CKD / SKD condition from the
subject country are entering at dumped prices.
iv. the import of Axle
for Trailers in CKD/SKD condition from the subject country has undermined the
remedial effect of existing anti-dumping measure on the imports of Axle for
Trailers originating in or exported from the People’s Republic of China;
and
has recommended imposition of the existing anti-dumping duty imposed on the
imports of ‘Axle for Trailers’, originating in or exported from the People’s
Republic of China, vide notification
of the Government of India in the Ministry of Finance (Department of Revenue),
No. 54/2016-Customs (ADD), dated the 29th November, 2016, published vide G.S.R. 1101(E) in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-Section (i),
dated the 29th November, 2016, on the Axle for Trailers in
Completely Knock Down/Semi Knock Down condition, originating in or exported
from the subject country.
Now,
therefore, in exercise of the powers conferred by sub-sections (1), (1A) and
(5) of section 9A of the Customs Tariff Act, read with rule 27 of the
Anti-dumping Rules, 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
under tariff heading of the First Schedule to the Customs Tariff Act, specified
in the corresponding entry in column (2), originating in the country specified
in the corresponding entry in column (4), exported from the country 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 at the rate equal to the amount specified in the
corresponding entry in column (8), in the currency specified in the
corresponding entry in column (10) and as per unit of measurement specified in
the corresponding entry in column (9) of the said Table, namely:-
|
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. |
8716 90 10 |
Axle for Trailers in CKD / SKD form i.e., in an
unassembled, unfinished or incomplete form |
People’s Republic of China |
People’s Republic of China |
Guangdong FUWA Engineering Manufacturing Co., Ltd. |
Guangdong FUWA Engineering Manufacturing Co., Ltd. |
0.16 |
Kg |
United States Dollar |
|
2. |
8716 90 10 |
Axle for Trailers in CKD / SKD form i.e., in an
unassembled, unfinished or incomplete form |
People’s Republic of China |
People’s Republic of China |
Guangdong FUWA Heavy Industries Co., Ltd. |
Guangdong FUWA Heavy Industries Co., Ltd. |
0.16 |
Kg |
United States Dollar |
|
3. |
8716 90 10 |
Axle for Trailers in CKD / SKD form i.e., in an unassembled,
unfinished or incomplete form |
People’s Republic of China |
People’s Republic of China |
Shandong Jinsheng Axle
Manufacturing Co., Ltd. |
Shandong Jinsheng Axle
Manufacturing Co., Ltd. |
0.14 |
Kg |
United States Dollar |
|
4. |
8716 90 10 |
Axle for Trailers in CKD / SKD form i.e., in an
unassembled, unfinished or incomplete form |
People’s Republic of China |
People’s Republic of China |
Any combination other than Sl. No. 1 to 3 above |
0.46 |
Kg |
United States Dollar |
|
|
5. |
8716 90 10 |
Axle for Trailers in CKD / SKD form i.e., in an
unassembled, unfinished or incomplete form |
People’s Republic of China |
Any country other than People’s Republic of China |
Any |
Any |
0.46 |
Kg |
United States Dollar |
|
6. |
8716 90 10 |
Axle for Trailers in CKD / SKD form i.e., in an
unassembled, unfinished or incomplete form |
People’s Republic of China |
Any country other than People’s Republic of China |
Any |
Any |
0.46 |
Kg |
United States Dollar |
2. The
anti-dumping duty imposed under this notification shall be effective from the
date of publication of this notification in the Official Gazette and will be
co-terminus with the anti-dumping duty on Axle for Trailers as levied vide aforesaid notification No.
54/2016-Customs (ADD), dated the 29th November, 2016, published vide number G.S.R. 1101(E), dated the 29th
November, 2016 (unless revoked, superseded or amended earlier), and the
anti-dumping duty shall be paid 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.
CBIC-190354/258/2021-TRU Section-CBEC]