[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)
New Delhi, the 18
th
November, 2010
Notification No. 117/2010-Customs
G.S.R. 916(E).- Whereas, in the matter of import of bias tyres, tubes and flaps (hereinafter 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 31
st
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 29
th
June, 2007,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29
th
June, 2007, had come to the conclusion that-
(a) the subject goods had been exported to India from the subject countries below its normal value;
(b) the domestic industry had suffered material injury;
(c) the injury had been caused cumulatively by the dumped imports from the subject countries
and had 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;
And whereas on the basis of the aforesaid final findings of the designated authority, the Central Government, had imposed
anti-dumping duty on imports of the subject goods, classified 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, the subject countries vide
notification No. 88/2007-Customs dated the 24
th
July, 2007 [G.S.R. 502(E) dated the 24th July, 2007], published in part II,
section 3, sub-section (i) of the Gazette of India, Extraordinary, dated the 24th July, 2007;
And whereas the designated authority vide its notification No. 15/1/2009-DGAD dated the 27
th
February, 2009, had initiated a
midterm review in the matter of continuation of anti-dumping duty on imports of the subject goods from the subject countries;
And whereas the designated authority in its mid-term review findings published in Part I, Section 1 of the Gazette of India,
Extraordinary, vide Notification No. 15/1/2009- DGAD, dated the 26
th
August 2010 read with corrigendum dated 31
st
August,2010 has concluded that:-
(a) the subject goods are entering the Indian market at dumped prices and dumping margins of the subject goods imported
from subject countries is significant and above de-minimis limits prescribed.
(b) the subject goods continue to be exported to India at dumped prices in spite of existing anti dumping duties.
(c) considering the facts available on record, the subject goods are likely to enter Indian market at dumped prices, should the
present measures be withdrawn.
(d) the situation of domestic industry deteriorated further in spite of existing anti dumping duties. Further, should the present
anti dumping duties be revoked, injury to the domestic industry is likely to continue and intensify.
(e) the deterioration in the performance of the domestic industry is because of dumped imports from the subject countries.
(f) the current level of anti dumping duty is insufficient to address continued dumping and consequent injury to the domestic
industry and thus the anti-dumping duty is required to be modified.
and has recommended continuation of anti-dumping duty at new rates on imports of new/unused pneumatic non radial bias
tyres, tubes and flaps with or without tubes and/or flap of rubber, having nominal rim dia code above 16" used in buses and
lorries or trucks originating in or exported from China PR and Thailand;
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said Customs Tariff Act,
read with rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles
and for Determination of Injury) Rules, 1995, and in supersession of the notification of the Government of India, in the Ministry of
Finance (Department of Revenue), No. 88/2007-Customs dated the 24
th
July, 2007 [G.S.R. 502(E) dated the 24
th
July, 2007],
except as respects things done or omitted to be done before such supersession, the Central Government, on the basis of the
aforesaid mid-term review findings of the designated authority, hereby imposes on the 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), and
produced by the producers as specified in the corresponding entry in column (6), when exported from the countries as
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 specified in the corresponding entry in column (8), in the currency as
specified in the corresponding entry in column (10) and per unit of measurement as specified in the corresponding entry in
column (9), of the said Table.
Table
No
Heading /
Sub-
headings
Description of goods Country of Origin
Country of
Exports
ProducerExporter
Duty
Amount
UnitCurrency
(1)(2) (3) (4) (5) (6) (7)(8)(9)(10)
1.
40112090,
40131020
or
40129049
New/unused pneumatic non radial bias
tyres, tubes and flaps with or without tubes
and/or flap of rubber, having nominal rim dia
code above 16" used in buses and
lorries/trucks
Thailand ThailandAny Any0.37Kg
US
dollar
2.
40112090,
40131020
or
40129049
New/unused pneumatic non radial bias
tyres, tubes and flaps with or without tubes
and/or flap of rubber, having nominal rim dia
code above 16" used in buses and
lorries/trucks
Thailand
Any
country
other than
Thailand
Any Any0.37Kg
US
dollar
3
40112090,
40131020
or
40129049
New/unused pneumatic non radial bias
tyres, tubes and flaps with or without tubes
and/or flap of rubber, having nominal rim dia
code above 16" used in buses and
lorries/trucks
Any country
other than
countries
attracting Anti-
dumping duty
ThailandAny Any0.37Kg
US
dollar
4.
40112090,
40131020
or
40129049
New/unused pneumatic non radial bias
tyres, tubes and flaps with or without tubes
and/or flap of rubber, having nominal rim dia
code above 16" used in buses and
lorries/trucks
China PR China PRAny Any1.64Kg
US
dollar
5.
40112090,
40131020
or
40129049
New/unused pneumatic non radial bias
tyres, tubes and flaps with or without tubes
and/or flap of rubber, having nominal rim dia
code above 16" used in buses and
lorries/trucks
China PR
Any
country
other than
China PR
Any Any1.64Kg
US
dollar
6.
40112090,
40131020
or
40129049
New/unused pneumatic non radial bias
tyres, tubes and flaps with or without tubes
and/or flap of rubber, having nominal rim dia
code above 16" used in buses and
lorries/trucks
Any country
other than
countries
attracting Anti-
dumping duty
China PRAny Any1.64Kg
US
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 upto and inclusive of the 8
th
October, 2011 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 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.
[F. No. 354/107/2006-TRU (Pt. I)]
(K.S.V.V. Prasad)
Under Secretary to the Government of India
