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 Act.
[F. No. 354/241/2012 –TRU (Pt. II)]
CUSTOMS (ADD) Notification No 17 of 2019 dated 9th April, 2019
seeks to impose definitive anti-dumping duty on Cast Aluminium Alloy Wheels or Alloy Road Wheels used in Motor Vehicles originating in or exported from China PR, Korea RP and Thailand.
The extract of CUSTOMS (ADD) Notification No. 17/2019- CUSTOMS is given below:
Notification No. 17/2019-CUSTOMS (anti-dumping duty)
[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. 17 /2019-Customs (ADD)
New Delhi, the 9th April, 2019
G.S.R…. (E). - Whereas, the designated authority, vide notification No. 7/31/2018-DGTR dated 10th August 2018, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 10th August 2018, had initiated the review in term of sub-section (5) of section 9 A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the 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, in the matter of continuation of anti-dumping duty on imports of ‘Cast Aluminium Alloy Wheels or Alloy Road Wheels (ARW) used in Motor Vehicles, whether or not attached with their accessories, of a size in diameters ranging from 12 inches to 24 inches’ (hereinafter referred to as the subject goods), falling under the sub-heading 8708 70 of the First Schedule to the Customs Tariff Act, originating in or exported from China PR, Korea RP and Thailand (hereinafter referred to as the subject countries), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), 21/2015-Customs dated the 22nd May, 2015 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 414 (E), dated the 22nd May, 2015;
And whereas, in the matter of review of anti-dumping 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.7/31/2018-DGAD, dated the 29th March, 2019 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29th March, 2019, has come to the conclusion that-
(a) the product under consideration continues to be imported at the dumped prices from the subject countries;
(b) the domestic industry has suffered continued injury on account of dumped imports;
(c) the continued injury to the domestic industry is on account of dumped imports and is likely to continue if the anti-dumping duties from subject countries cease to exist;
(d) the information on record clearly shows likelihood of continuation of dumping and injury in case the ADD in force is allowed to cease at this stage;
(e) some Producer exporters from China PR have responded during the review investigation and cooperative producer exporters (who have filed complete response) have been sampled. The sampled producers have exported through a single exporter to India below the normal value (constructed), and dumped imports are causing the material injury to the domestic industry;
(f) none of the producer exporters from Korea RP have co-operated in the present review investigation. The information submitted by responding producer exporter from Thailand was incomplete and hence declared non cooperative;
(g) the data available indicates that exports from these countries have been made at prices below the normal value;
and has recommended the 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, 20 and 23 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 sub-heading of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), originating in or exported from the countries as specified in the corresponding entry in column
(4), produced by the producers as specified in the corresponding entry in column (5), and exported to India by the exporters as specified in the corresponding entry in column (6), an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (7), in the currency and per unit of measurement specified in the corresponding entry in column (8) of the said Table.
Table
|
Sr.
|
Sub-
|
Description
|
Country of
|
Producer
|
|
Exporter
|
Duty
|
Unit
|
|
No
|
heading
|
of Goods
|
|
Origin
|
|
|
|
|
Amount
|
|
|
|
|
|
|
|
and/ or
|
|
|
|
|
|
|
|
|
|
|
|
|
Export
|
|
|
|
|
|
|
|
(1)
|
(2)
|
|
(3)
|
|
(4)
|
|
(5)
|
|
(6)
|
(7)
|
(8)
|
|
1
|
8708 70
|
Cast
|
|
|
China PR
|
CITIC Dicastal
|
CITIC
|
0.08
|
USD/KG
|
|
|
|
Aluminium
|
|
|
Co Ltd, or
|
|
Dicastal
|
|
|
|
|
|
Alloy Wheels
|
|
SMX
|
Dicastal
|
Co., Ltd.
|
|
|
|
|
|
or
|
Alloy
|
|
Wheel
|
|
|
|
|
|
|
|
Road Wheels
|
|
Manufacture
|
|
|
|
|
|
|
(ARW) used
|
|
Co.
|
Ltd.,
|
or
|
|
|
|
|
|
|
in
|
Motor
|
|
Qinhuangdao
|
|
|
|
|
|
|
Vehicles,
|
|
|
Daikaxinglong
|
|
|
|
|
|
|
whether
|
or
|
|
Wheel
|
|
|
|
|
|
|
|
not
|
attached
|
|
Manufacturing
|
|
|
|
|
|
|
with
|
their
|
|
Co.
|
Ltd.,
|
or
|
|
|
|
|
|
|
accessories,
|
|
|
Qinhuangdao
|
|
|
|
|
|
|
of a
|
size
|
in
|
|
Xinglong
|
|
|
|
|
|
|
|
diameters
|
|
|
Wheels
|
Co.
|
|
|
|
|
|
|
ranging from
|
|
Ltd.,
|
|
or
|
|
|
|
|
|
|
12 inches
|
to
|
|
Binzhou
|
|
|
|
|
|
|
|
24 inches
|
|
|
Movever
|
|
|
|
|