Provisional
Assessments Allowed to Shandong Hawk in New Shipper Review in Radial Tyre Imports from China Case
[Ref:
Ntfn 129/Customs dated 23.12.2010]
Whereas,
in the matter of import 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 the 1st
January, 2010 published in the Gazette of India, Extraordinary, Part I, Section
1, dated the 1st January, 2010, had come
to the conclusion that —
(a) there
had 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 were 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 had resulted in increase in
inventories with the domestic industry in spite of higher capacity utilization;
(e) this had led to domestic industry suffering material injury
and imposition of final duty is required to offset dumping and injury;
and had recommended
imposition of definitive 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 an anti-dumping duty on subject goods falling under Chapter 40 of the
First Schedule to the said Customs Tariff Act, originating in or exported from
China PR and imported into India vide notification of the Government of India
in the Ministry of Finance (Department of Revenue), No. 12/2010-Customs, dated
the 19th February, 2010, published in Part
II, Section 3, Sub-Section (i) of the Gazette of
India, Extraordinary, G.S.R. 93(E) dated the 19th
February, 2010;
And whereas, in the said matter, M/s.
Shandong Hawk International Rubber Industry Company Limited,
(producer/exporter) have requested for review in terms of rule 22 of the
Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty
on Dumped Articles and for Determination of Injury) Rules, 1995 in respect of
exports made by them, and the designated authority, vide new shipper review
notification No. 15/17/2010-DGAD, dated the 7th
October, 2010 published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 7th October, 2010 has
recommended provisional assessment of all exports of Bus and Truck Radial Tyres, made by M/s. Shandong Hawk International Rubber
Industry Company Limited (producer/exporter), when imported in to India, till
the completion of the said review;
Now, therefore, in exercise of the
powers conferred by sub-rule (2) of rule 22 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 recommendation of the designated authority, hereby
orders that pending the outcome of the said review by the designated authority,
export of Bus and Truck Radial Tyres 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), by M/s. Shandong Hawk International
Rubber Industry Company Limited (producer/exporter), from China PR, when
imported into India, shall be subjected to provisional assessment till the
review is completed.
2. The provisional assessment may be subject to such
security or guarantee as the Assistant Commissioner of Customs or Deputy
Commissioner of Customs, as the case may be, deems fit for payment of the
deficiency, if any, in case a definitive anti dumping duty is imposed
retrospectively, on completion of investigation by the designated authority.
3. In case of recommendation of anti-dumping duty after
completion of the said review by the designated authority, the importer shall
be liable to pay the amount of such anti-dumping duty recommended on review and
imposed on all imports of Bus and Truck Radial Tyres
in to India, when exports made by M/s. Shandong Hawk International Rubber
Industry Company Limited (producer/exporter), China PR, from the date of
initiation of the said review.
[F. No. 354/207/2009-TRU (Pt.1)]