[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 24
th
July, 2007
NOTIFICATION No.88 /2007-CUSTOMS
G.S.R. (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 31
st
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 9
th
October, 2006, published in Part II, Section 3, Sub-section (i)
of the Gazette of India, Extraordinary, dated the 9
th
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, 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;
Duty Table
Serial
No
Tariff ItemDescription of goodsSpecification
Country
of origin
Country
of
export
ProducerExporter
Reference
price
Unit of
measurement
Currency
(1)(2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
140131020
Inner tubes of rubber
for buses and lorries
Any
China
PR
Any
Shandong
Jinyu Tyre
Co. Ltd
Any10.06Per pieceUS$
240129049
Tyre flaps of rubber for
buses and lorries Any
China
PR
Any
Shandong
Jinyu Tyre
Co. Ltd
Any3.92 Per pieceUS$
340112090
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
Any121.67Per pieceUS$
440131020
Inner tubes of rubber
for buses and lorries
Any
China
PR
Any
Any other
than
Shandong
Jinyu Tyre
Co. Ltd
Any10.06Per pieceUS$
540129049
Tyre flaps of rubber for
buses and lorries
Any
China
PR
Any
Any other
than
Shandong
Jinyu Tyre
Co. Ltd
Any3.92 Per pieceUS$
640112090
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
Any121.67Per pieceUS$
740131020
Inner tubes of rubber
for buses and lorries
Any
Any
excluding
Thailand
China
PR
Any Any10.06Per pieceUS$
840129049
Tyre flaps of rubber for
buses and lorries
Any
Any
excluding
Thailand
China
PR
Any Any3.92 Per pieceUS$
940112090
New/unused
pneumatic non radial
bias tyres of rubber,
having nominal rim dia
code above 16"
Any
Any
excluding
Thailand
China
PR
Any Any121.67Per pieceUS$
1040131020
Inner tubes of rubber
for buses and lorries
Any ThailandAnyAny Any10.06Per pieceUS$
1140129049
Tyre flaps of rubber for
buses and lorries
Any ThailandAnyAny Any3.92 Per pieceUS$
1240112090
New/unused
pneumatic non radial
bias tyres of rubber,
having nominal rim dia
code above 16"
Any ThailandAnyAny Any121.67Per pieceUS$
1340131020
Inner tubes of rubber
for buses and lorries
Any
Any
excluding
China
PR
ThailandAny Any10.06Per pieceUS$
1440129049
Tyre flaps of rubber for
buses and lorries
Any
Any
excluding
China
PR
ThailandAny Any3.92 Per pieceUS$
1540112090
New/unused
pneumatic non radial
bias tyres of rubber,
having nominal rim dia
code above 16"
Any
Any
excluding
China
PR
ThailandAny Any121.67Per pieceUS$
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.
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 9
th
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.
(G.G. Pai)
Under Secretary to the Government of India
[F.No.354/107/2006-TRU(Pt.I)]
