[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY PART II,
SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 03/2024-Customs (CVD)
New Delhi, the 19
th
July, 2024
G.S.R. (E). -Whereas, in the matter of “New/unused pneumatic radial tyres with or without
tubes and/or flap of rubber (including tubeless tyres), having nominal rim diameter code above
16” used in buses and lorries/trucks” (hereinafter referred to as the ‘subject goods’) falling
under Chapter 40 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, China PR
(hereinafter referred to as the ‘subject country’), and imported into India, the designated
authority in its final findings, published in the Gazette of India, Extraordinary, Part I, Section
1, vide notification No. 6/8/2018-DGAD dated 25
th
March 2019, published in the Gazette of
India, Extraordinary, Part I, Section1, dated the 25
th
March 2019 had recommended imposition
of definitive countervailing duty on the imports of subject goods, originating in, or exported
from the subject country;
And whereas, on the basis of the aforesaid findings of the designated authority, the
Central Government had imposed definitive countervailing duty on the subject goods vide
notification of the Government of India in the Ministry of Finance (Department of Revenue),
No. 1/2019-Customs (CVD), dated 24
th
June 2019, published in Part II, Section 3, Sub-section
(i) of the Gazette of India, Extraordinary, vide number G.S.R. 449(E), dated the 24
th
June 2019.
Whereas, the designated authority, vide notification No. 7/30/2023-DGTR, dated the 29th
December 2023 published in Gazette of India, Extraordinary, Part I, Section 1, dated the 29th
December 2023 had initiated the review in terms of sub-section (6) of section 9 of the Customs
Tariff Act, and in pursuance of rule 24 of the Customs Tariff (Identification, Assessment and
Collection Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules,
1995, in the matter of continuation of countervailing duty on imports of subject goods, falling
under Chapter 40 of the First Schedule to the Customs Tariff Act, originating in, or exported
from, subject country and imported into India, imposed vide notification of the Government of
India in the Ministry of Finance (Department of Revenue), No. 1/2019-Customs(CVD), dated
the 24
th
June 2019 published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, vide number G.S.R. 449(E), dated the 24
th
June 2019;
And whereas, in the matter of review of countervailing duty on imports of the subject
goods, originating in, or exported from the subject country, the designated authority in its final
findings, published vide notification No. 7/30/2023-DGTR, dated the 22
nd
April, 2024,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23
rd
April, 2024,
has inter-alia come to the conclusion that –
i. producers in the subject country continue to avail benefits of subsidies that were held
to be countervailable in the original investigation,
ii. principles of judicial economy demand that a determination of countervailability of a
program is relevant and appropriate only if information with regard to quantification
of benefit is available and is on record. The Authority cannot on its own collect
evidence for quantification of evidence. In any case, the Authority has considered that
the Chinese producers have not fully cooperated in the present investigation and has
appropriately considered the same while recommending the quantum of countervailing
duty,
iii. the domestic industry has not suffered continued injury during the present period of
investigation in as much as it has not suffered deterioration in its performance with
regard to various economic parameters,
iv. there is a likelihood of injury to the domestic industry in the event of cessation of
present countervailing duty,
and has recommended continuation of definitive countervailing duty on imports of the subject
goods originating in, or exported, from the subject country.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (6) of
section 9 of the Customs Tariff Act, read with rules 20 and 24 of the Customs Tariff
(Identification, Assessment and Collection of Countervailing Duty on Subsidized 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 under tariff items of
the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column
(2), originating in the countries as specified in the corresponding entry in column (4), exported
from the countries as specified in the corresponding entry in column (5), produced by the
producers as specified in the corresponding entry in column (6), and imported into India,
countervailing duty calculated at the rate mentioned in column (7) of the said Table, namely:-
Table
S.
No.
Tariff
Item
Description of
Goods
Country
of Origin
Country
of Export
Producer Duty
amount
as a %
of CIF
Value
(1) (2) (3) (4) (5) (6) (7)
1. 40112010
and
40118000*
New/Unused
pneumatic radial tyres
with or without tubes
and/or flap of rubber
(including tubeless
tyres), having
nominal rim dia code
above 16" used in
buses and
lorries/trucks
China PR Any
country
including
China PR
Any 17.57%
2.
- do - – do –
Any
country
other than
China PR
China PR Any 17.57%
*The duty shall be payable on imports reported under 40118000 only if the description
of the product confirms to the description given above. No countervailing duty shall be charged
in the respect of other imports reported under 40118000.
3. The countervailing 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, -
(a) the rate of exchange applicable for the purposes of calculation of such
countervailing 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 Act.
(b) “CIF value” means the assessable value as determined under section 14 of the Customs
Act, 1962 (52 of 1962).
[F. No. 190354/107/2024-TRU]
(Nitish Karnatak)
Under Secretary to the Government of India
