Anti-subsidy
Duty of 17.5% to Continue on Truck and Bus Tyres from
China for Five More Years
·
Notification
No. 1/2019-Customs (CVD) dated 24.06.2019 Expired on 23.06.2024
[Notification No.
03/2024-Customs (CVD) dated 19 July, 2024]
Seeks to impose
countervailing duty on imports of Pneumatic Radial Tyre
for buses & lorries imported from China PR for a period of 5 years
G.S.R. (E). -Whereas, in the matter of
“New/unused pneumatic radial tyres with or without
tubes and/or flap of rubber (including tubeless tyres),
having nominal rim diameter code above 16” used in buses and lorries/trucks”
(hereinafter referred to as the ‘subject goods’) falling under Chapter 40 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 (hereinafter referred to as the ‘subject country’), and imported into India,
the designated authority in its final findings, published in the Gazette of
India, Extraordinary, Part I, Section 1, vide notification No. 6/8/2018-DGAD
dated 25th March 2019, published in the Gazette of India, Extraordinary, Part
I, Section1, dated the 25th March 2019 had recommended imposition of definitive
countervailing duty on the imports of 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 definitive countervailing duty on the subject goods vide notification
of the Government of India in the Ministry of Finance (Department of Revenue),
No. 1/2019-Customs (CVD), dated 24th June 2019, published in Part II,
Section 3, Sub-section of the Gazette of India, Extraordinary, vide number
G.S.R. 449(E), dated the 24th June 2019.
Whereas, the designated authority, vide
notification No. 7/30/2023-DGTR, dated the 29th December 2023 published in
Gazette of India, Extraordinary, Part I, Section 1, dated the 29th December
2023 had initiated the review in terms of sub-section (6) of section 9 of the
Customs Tariff Act, and in pursuance of rule 24 of the Customs Tariff
(Identification, Assessment and Collection Countervailing Duty on Subsidized
Articles and for Determination of Injury) Rules, 1995, in the matter of
continuation of countervailing duty on imports of subject goods, falling under
Chapter 40 of the First Schedule to the Customs Tariff Act, originating in, or
exported from, subject country and imported into India, imposed vide
notification of the Government of India in the Ministry of Finance (Department
of Revenue), No. 1/2019-Customs(CVD), dated the 24th June 2019 published in
Part II, Section 3, Sub-section (i) of the Gazette of
India, Extraordinary, vide number G.S.R. 449(E), dated the 24th June 2019;
And whereas, in the matter of review of
countervailing 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. 7/30/2023-DGTR, dated the 22nd April,
2024, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 23rd April, 2024, has inter-alia come to the conclusion that –
i.
producers
in the subject country continue to avail benefits of subsidies that were held
to be countervailable in the original investigation,
ii.
principles
of judicial economy demand that a determination of countervailability of a
program is relevant and appropriate only if information with regard to
quantification of benefit is available and is on record. The Authority cannot
on its own collect evidence for quantification of evidence. In any case, the
Authority has considered that the Chinese producers have not fully cooperated
in the present investigation and has appropriately considered the same while
recommending the quantum of countervailing duty,
iii.
the
domestic industry has not suffered continued injury during the present period
of investigation in as much as it has not suffered deterioration in its
performance with regard to various economic parameters,
iv.
there
is a likelihood of injury to the domestic industry in the event of cessation of
present countervailing duty,
and has recommended continuation of
definitive countervailing duty on 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 (6) of section 9 of the Customs Tariff
Act, read with rules 20 and 24 of the Customs Tariff (Identification,
Assessment and Collection of Countervailing Duty on Subsidized 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 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), 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, countervailing duty calculated at the rate mentioned in
column (7) of the said Table, namely:-
|
Table |
|||||||
|
S.No. |
Tariff Item |
Description of Goods |
Country of Origin |
Country of Export |
Producer |
Duty amount as a % of CIF Value |
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
|
|
1. |
40112010 and 40118000* |
New/Unused pneumatic radial tyres with or without
tubes and/or flap of rubber (including tubeless tyres), having nominal rim dia code above 16" used in buses and lorries/trucks |
China PR |
Any country including China PR |
Any |
17.57% |
|
|
2. |
- do - |
– do – |
Any country other than China PR |
China PR |
Any |
17.57% |
|
*The
duty shall be payable on imports reported under 40118000 only if the
description of the product confirms to the description given above. No
countervailing duty shall be charged in the respect of other imports reported under
40118000.
3. The countervailing duty imposed under
this notification shall be levied 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) the rate of exchange
applicable for the purposes of calculation of such countervailing 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. 190354/107/2024-TRU]