[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. 50/ 2010-Customs
New Delhi, the 12th April, 2010
G.S.R. (E). – Whereas, in the matter of import of Front Axle Beam and Steering Knuckles meant for heavy and medium commercial vehicles’ (hereinafter referred as the subject goods), falling under tariff items 73269099,73261910, 73261990, 87085000, or 87089900, 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), (hereinafter referred to as the subject country) into India, the Designated Authority, in its preliminary findings vide notification No. 14/19/2008-DGAD dated the 24th April, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th April, 2009, had come to the conclusion that–
(a) the products under consideration had been exported to India from China PR below associated Normal values;
(b) the domestic industry had suffered material injury in both the products under consideration. Besides, there appears to be threat of a material injury as well;
(c) the material injury and threat thereof had been caused by the dumped imports from China PR; and
had recommended imposition of provisional anti-dumping duty on all imports of the 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 provisional anti-dumping duty on the subject goods vide notification No. 65/2009-Customs, dated the 15th June, 2009, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R. 276 (E), dated the 15th June, 2009;
And whereas, the designated authority, vide its final findings vide notification No. 14/19/2008-DGAD dated 5th March 2010, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 5thMarch 2010, had come to the conclusion that -
(a) the products under consideration have been exported to India from China PR below their associated Normal values.
(b) the domestic industry had suffered material injury in both the products under consideration. Besides, there is a case of threat of a material injury as well.
(c) the material injury and threat thereof had been caused by the dumped imports of the subject goods from China PR.
and had recommended to impose definitive anti-dumping duty on all 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 (5) of section 9A of the said Customs Tariff Act, 1975, and in pursuance of 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 under the said tariff items of the First Schedule to the said 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 which shall be equal to the amount 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
SI. No | Tariff Item No. | Description of goods | Country of Origin | Country of Export | Producer | Exporter | Amount | Unit | Currency |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
1 | 73269099 73261910 73261990 87085000 87089900 | Front Axle Beam for medium or heavy commercial vehicle | People’s Republic of China | People’s Republic of China | Hubei Tri-ring Auto Axle Co. Ltd. | Hubei Tri-ring Auto Axle Co. Ltd. | 0.35 | Per Kg | US Dollar |
2 | 73269099 73261910 73261990 87085000 87089900 | Front Axle Beam for medium or heavy commercial vehicle | People’s Republic of China | People’s Republic of China | Any Country other than S.No. 1 above | Any Country other than S.No. 1 above | 0.63 | Per Kg | US Dollar |
3 | 73269099 73261910 73261990 87085000 87089900 | Front Axle Beam for medium or heavy commercial vehicle | People’s Republic of China | Any | Any | Any | 0.63 | Per Kg | US Dollar |
4 | 73269099 73261910 73261990 87085000 87089900 | Front Axle Beam for medium or heavy commercial vehicle | Any other than People’s Republic of China | People’s Republic of China | Any | Any | 0.63 | Per Kg | US Dollar |
5 | 73269099 73261910 73261990 87085000 87089900 | Steering Knuckles for medium or heavy commercial vehicle | People’s Republic of China | People’s Republic of China | Hubei Tri-ring Forging Co. Ltd. | Hubei Tri-ring Forging Co. Ltd. | 0.64 | Per Kg | US Dollar |
6 | 73269099 73261910 73261990 87085000 87089900 | Steering Knuckles for medium or heavy commercial vehicle | People’s Republic of China | People’s Republic of China | Any country other than S.No. 5 above | Any country other than S.No. 5 above | 1.11 | Per Kg | US Dollar |
7 | 73269099 73261910 73261990 87085000 87089900 | Steering Knuckles for medium or heavy commercial vehicle | People’s Republic of China | Any | Any | Any | 1.11 | Per Kg | US Dollar |
8 | 73269099 73261910 73261990 87085000 87089900 | Steering Knuckles for medium or heavy commercial vehicle | Any country other than People’s Republic of China | People’s Republic of China | Any | Any | 1.11 | Per Kg | US Dollar |
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, and shall be payable in Indian currency.
Explanation: - For the purposes of this notification, 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 Customs Act.
[F.No. 354/118/2009 –TRU (Pt. 1)]
Prashant Kumar
Under Secretary to the Government of India
Under Secretary to the Government of India
