[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. 11/2024-Customs (ADD)
New Delhi, the 27
th
June, 2024
G.S.R. ---(E).- Whereas in the matter of ‘alloy steel chisel/ tool and hydraulic rock breaker in fully assembled condition’
(hereinafter referred to as the subject goods) falling under chapter headings 84314930 and 84314990 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 and Korea RP (hereinafter referred to as the subject countries), and imported into India, the designated
authority in its final findings vide notification number 6/8/2022-DGTR, dated the 28
th
March, 2024, published in the Gazette
of India, Extraordinary, Part I, Section 1, dated the 28
th
March, 2024, has come to the conclusion that–
(i) the subject goods have been exported to India from subject countries below its normal value, thus resulting in
dumping of the product;
(ii) the domestic industry has suffered material injury due to dumping of the subject goods;
(iii) the material injury has been caused by the dumped imports of the subject goods originating in or exported from
the subject countries,
and has recommended imposition of definitive anti-dumping duty on the imports of subject goods, originating in, or exported
from the subject countries and imported into India, in order to remove injury to the domestic industry.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff
Act, read with 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, 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 chapter heading 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, an antidumping duty at a rate as specified in the corresponding
entry in column (7) of the said Table, namely:-
Table
S No. Heading
Description
of Goods
Country
of Origin
Country of
Export
Producer
Duty (% of
CIF Value in
USD)
(1) (2) (3) (4) (5) (6) (7)
1.
84314930
and
84314990
Hydraulic
Rock
Breakers
#1
China PR
Any country
including China
PR
Yantai Eddie
Precision
Machinery Co.,
Ltd
131.11%
2.
-do- Alloy Steel
Chisels
#2
China PR
Any country
including China
PR
Yantai Eddie
Precision
Machinery Co.,
Ltd
29.21 %
3.
-do-
Hydraulic
Rock
Breakers
#1
China PR
Any country
including China
PR
NINGBO
YINZHOU GET
MACHINERY
LTD.
26.95%
4.
-do- Alloy Steel
Chisels
#2
China PR
Any country
including China
PR
NINGBO
YINZHOU GET
MACHINERY
LTD.
4.55%
5.
-do-
Hydraulic
Rock
Breakers
#1
China PR
Any country
including China
PR
Any producer
other than S.No.
1 to 4 above
162.50 %
6.
-do-
Hydraulic
Rock
Breakers
#1
Any
country
other than
subject
countries
China PR Any producer 162.50 %
7.
-do- Alloy Steel
Chisels
#2
China PR
Any country
including China
PR
Any producer
other than S.No.
1 to 4 above
29.21 %
8.
-do- Alloy Steel
Chisels
#2
Any
country
other than
subject
countries
China PR Any producer 29.21 %
9.
-do-
Hydraulic
Rock
Breakers
#1
Korea RP
Any country
including Korea
RP
Soosan Heavy
Industries Co.,
Ltd.
NIL
10.
-do- Alloy Steel
Chisels
#2
Korea RP
Any country
including Korea
RP
Soosan Heavy
Industries Co.,
Ltd.
NIL
11.
-do-
Hydraulic
Rock
Breakers
#1
Korea RP
Any country
including Korea
RP
DAEMO
Engineering Co.
Ltd.
9.43%
12.
-do- Alloy Steel
Chisels
#2
Korea RP
Any country
including Korea
RP
DAEMO
Engineering Co.
Ltd.
12.47%
13.
-do-
Hydraulic
Rock
Breakers
#1
Korea RP
Any country
including Korea
RP
D and A Heavy
Industries Co.,
Ltd.
Nil
14.
-do- Alloy Steel
Chisels
#2
Korea RP
Any country
including Korea
RP
D and A Heavy
Industries Co.,
Ltd.
12.47%
15.
-do-
Hydraulic
Rock
Breakers
#1
Korea RP
Any country
including Korea
RP
Hyundai
Everdigm
Corporation
11.91%
16.
-do- Alloy Steel
Chisels
#2
Korea RP
Any country
including Korea
RP
Hyundai
Everdigm
Corporation
12.47%
17.
-do-
Hydraulic
Rock
Breakers
#1
Korea RP
Any country
including Korea
RP
FEEL
INDUSTRIAL
ENGINEERING
CO. LTD.
8.16%
18.
-do- Alloy Steel
Chisels
#2
Korea RP
Any country
including Korea
RP
FEEL
INDUSTRIAL
ENGINEERING
CO. LTD.
12.47%
19.
-do-
Hydraulic
Rock
Breakers
#1
Korea RP
Any country
including Korea
RP
HANSUNG
SPECIAL
MACHINERY
CO., LTD
52.77%
20.
-do- Alloy Steel
Chisels
#2
Korea RP
Any country
including Korea
RP
HANSUNG
SPECIAL
MACHINERY
CO., LTD
Nil
21.
-do-
Hydraulic
Rock
Breakers
#1
Korea RP
Any country
including Korea
RP
Any producer
other than S. No.
9 to 20 above
52.77%
22.
-do-
Hydraulic
Rock
Breakers
#1
Any
country
other than
subject
countries
Korea RP Any producer 52.77%
23.
-do- Alloy Steel
Chisels
#2
Korea RP
Any country
including Korea
RP
Any producer
other than S.No.
9 to 20 above
12.47%
24.
-do- Alloy Steel
Chisels
#2
Any
country
other than
subject
countries
Korea RP Any producer 12.47%
#1
For Hydraulic Rock Breakers:
a. Hydraulic Rock Breakers are used in construction and mining industry along with Alloy Steel Chisels for
carrying out demolition, excavation, mining, concrete and boulder breaking activities. Hydraulic Rock
Breakers are imported and sold in fully assembled condition as well as in semi-knocked (SKD) condition
and CKD (completely knocked down) condition, wherein different assemblies. sub-assemblies as
mentioned in Table D1 below can be imported to form fully assembled hydraulic rock breakers.
b. The duties mentioned in column 7 of the Duty Table above for fully assembled Hydraulic Rock Breakers
shall be applicable to imports of Hydraulic Rock Breakers and the Assemblies/Sub-assemblies mentioned
in Table D1 only.
c. Where Alloy Steel Chisels are imported with Hydraulic Rock Breakers, anti-dumping duties applicable
to Alloy Steel Chisels shall be applicable to such Alloy Steel Chisels. Anti-dumping duties for hydraulic
rock breakers and its assemblies/sub-assemblies mentioned in Table D1, shall not be made applicable to
alloy steel chisels or vice-versa. (Also refer point h. below)
d. The duties on hydraulic rock breakers shall be applicable only to the following assemblies/sub-assemblies
and not to other parts and components of hydraulic rock breakers:
Table D1
Assemblies/sub-assemblies of hydraulic
rock breakers covered under the scope of
anti-dumping duties
Pictorial Representation of Component*
a. Front head
b. Back head
c. Piston for hydraulic cylinder or rock
breaker
d. Cylinder body or hydraulic unit
(Hydraulic body consists of front head,
back head, cylinder and piston)
e. Bracket
f. Frame
g. Cylinder for hydraulic rock
breaker
*The photos are for representative purposes only. The form of the actual assemblies/sub-assemblies may
vary.
e. The recommended duties on assemblies/sub-assemblies shall be applicable on them irrespective of the
fact that whether they are imported individually or along with other assemblies/sub-assemblies mentioned
in Table D1 above.
f. It is to be ensured that exporters do not attempt to evade the recommended duties by physically combining
two or more assemblies/sub-assemblies together to establish that they are exporting a different
assemblies/sub-assembly other than what has been covered in Table D1 above. Further, the description
of the goods being cleared should be captured adequately in terms of value and unit of measurement.
g. The duties applicable to hydraulic rock breakers shall not be applicable to any other assemblies/sub-
assemblies, part or component, or kits which have not been mentioned in Table D1 above.
#2
For Alloy Steel Chisels:
h. Alloy Steel Chisels are used along with hydraulic rock breakers. They come in various shape, size and
the tip of the chisel varies according to the required end use.
i. Alloy Steel Chisels are also imported by the name of tool, wedge, toil, moil, teeth, tooth, working tool,
chisel blunt, hydraulic hammer (tool), breaker tool etc. Where chisels are imported with rock breakers,
anti-dumping duties applicable to chisels shall be applicable to such chisels. Anti-dumping duties
applicable to alloy steel chisels shall not be made applicable to hydraulic rock breakers or its
assemblies/sub-assemblies mentioned in Table D1 above. (Also refer point b above).
2. The anti-dumping duty imposed under this notification shall be effective 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) rate of exchange applicable for the purposes of calculation of such 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 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. CBIC-190354/160/2023-TO(TRU-I)]
(Vikram Vijay Wanere)
Under Secretary to the Government of India