Bias Tyres from China and Thailand – Final Findings

Nftn 88         Whereas in the matter of import of
24.07.2007   bias tyres, tubes and flaps (herein
                     after referred to as the subject goods),falling under tariff items 4011 20 90, 4013 10 20 and 4012 90 49 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, People’s Republic of China (China PR) and Thailand (hereinafter referred to as the subject countries), the designated authority in its preliminary findings vide notification No. 14/9/2005-DGAD dated the 31st July, 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31st July, 2006, had come to the conclusion that -

(a) the subject goods have been exported to India from the subject countries below its normal value;

 (b)        the domestic industry has suffered material injury;

(c) the injury has been caused by the dumped imports from the subject countries,

and had recommended imposition of provisional anti-dumping duty on all imports of the subject goods, originating in, or exported from, the subject countries;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 106/2006-Customs, dated the 9th October, 2006, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 9th October, 2006 vide number G.S.R. 625(E);

And whereas, the designated authority in its final findings vide notification No. 14/9/2005-DGAD, dated the 29th June, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29th June, 2007, has come to the conclusion that-

(a) the subject goods have been exported to India from the subject countries below its normal value;

(b  the domestic industry has suffered material injury;

(c) the injury has been caused cumulatively by the dumped imports from the subject countries

and has recommended definitive anti-dumping duty on imports of the subject goods from the subject countries in order to remove the injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-section (5) of the said section 9A and 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 against tariff items of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table, originating in the countries as specified in the corresponding entry in column (5) and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8) and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the reference price as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10) of the said Table and the landed value of said imported goods in like currency per like unit of measurement;

For imports made in a combination of tyres, tubes and flaps, the reference price shall be the sum of the reference price of the parts of the combination.

Duty Table

S No.

Tariff Item

Description of goods

Specifi-cation

Country of origin

Country of export

Producer

Exporter

Reference price

Unit of measure-ment

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1

40131020

Inner tubes of rubber for buses and lorries

Any

China PR

Any

Shandong Jinyu Tyre Co. Ltd

Any

10.06

Per piece

US$

2

40129049

Tyre flaps of rubber for buses and lorries

Any

China PR

Any

Shandong Jinyu Tyre Co. Ltd

Any

3.92

Per piece

US$

3

40112090

New/unused pneumatic non radial bias tyres of rubber, having nominal rim dia code above 16"

Any

China PR

Any

Shandong Jinyu Tyre Co. Ltd

Any

121.67

Per piece

US$

4

40131020

Inner tubes of rubber for buses and lorries

Any

China PR

Any

Any other than Shandong Jinyu Tyre Co. Ltd

Any

10.06

Per piece

US$

5

40129049

Tyre flaps of rubber for buses and lorries

Any

China PR

Any

Any other than Shandong Jinyu Tyre Co. Ltd

Any

3.92

Per piece

US$

6

40112090

New/unused pneumatic non radial bias tyres of rubber, having nominal rim dia code above 16"

Any

China PR

Any

Any other than Shandong Jinyu Tyre Co. Ltd

Any

121.67

Per piece

US$

7

40131020

Inner tubes of rubber for buses and lorries

Any

Any excluding Thailand

China PR

Any

Any

10.06

Per piece

US$

8

40129049

Tyre flaps of rubber for buses and lorries

Any

Any excluding Thailand

China PR

Any

Any

3.92

Per piece

US$

9

40112090

New/unused pneumatic non radial bias tyres of rubber, having nominal rim dia code above 16"

Any

Any excluding Thailand

China PR

Any

Any

121.67

Per piece

US$

10

40131020

Inner tubes of rubber for buses and lorries

Any

Thailand

Any

Any

Any

10.06

Per piece

US$

11

40129049

Tyre flaps of rubber for buses and lorries

Any

Thailand

Any

Any

Any

3.92

Per piece

US$

12

40112090

New/unused pneumatic non radial bias tyres of rubber, having nominal rim dia code above 16"

Any

Thailand

Any

Any

Any

121.67

Per piece

US$

13

40131020

Inner tubes of rubber for buses and lorries

Any

Any excluding China PR

Thailand

Any

Any

10.06

Per piece

US$

14

40129049

Tyre flaps of rubber for buses and lorries

Any

Any excluding China PR

Thailand

Any

Any

3.92

Per piece

US$

15

40112090

New/unused pneumatic non radial bias tyres of rubber, having nominal rim dia code above 16"

Any

Any excluding China PR

Thailand

Any

Any

121.67

Per piece

US$

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 9th October, 2006 and shall be paid in Indian currency.

Explanation. - For the purposes of this notification, -

(a) “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;

(b) “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 sub-clause (i) of clause (a) of sub-section (3) of 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.