Whereas in the matter of 'Aluminium Radiators, Aluminium Radiator SubAssemblies and Aluminium Radiator Core, including in CKD or SKD conditions, for use in used/on road vehicles and generator sets, excluding aluminium radiators meant for use in new Automobiles' (hereinafter referred to as the subject goods) falling under tariff item 8708 91 00 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 number 14/24/2015-DGAD dated the 20th March, 2017, has come to the conclusion that-
(a) the subject goods have been exported to India from subject country below its normal value, thus resulting in dumping of the product;
(b) the domestic industry has suffered material injury due to dumping of the subject goods;
(c) the material injury has been caused by the dumped imports of the subject goods originating in or exported from the subject country;
And, Whereas, the designated authority has recommended imposition of definitive antidumping duty on the imports of subject goods, originating in or exported from the subject country 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 definitive anti-dumping duty on the subject goods, the description of which is specified in column (3) of the Table below, falling under tariff item of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country as specified in the corresponding entry in column (5), exported from the country as specified in the corresponding entry in column (6), produced by the producers as specified in the corresponding entry in column (7), exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (10) and as per unit of measurement as specified in the corresponding entry in column (11), of the said Table, namely :-
Table
Note: The description of the product includes subject goods for used cars, tractor trucks and gensets. Specifically excluded from the description of the product are, Aluminium radiators meant for use in new automobile equipment manufacturing applications; imports of any components like rubber gasket, frames, oil cooler, tank, tubes etc. in isolation or as stand-alone imports; aluminium radiators for use in original assembly of vehicles; and the radiators made for OEM and replacement market (or for on road vehicles).
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 paid 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 Act.
(Mohit Tewari)
Under Secretary to the Government of India
CORRIGENDUM F. No. 354/226/2016-TRU, dated the 12th June, 2017
In the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 20/2017- Customs (ADD), dated the 12th May, 2017 published in the Gazette of India, Extraordinary, Part-II, Section-3, Sub-section (i), vide number G.S.R. 463(E), dated the 12th May, 2017, omit at page 4, in the note, in line 36, "and replacement market (or for on road vehicles)".
(Gunjan Kumar Verma)