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THE CUSTOMS TARIFF ACT 1975 (Notification)
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Body Notification No. 1/2019-Customs(CVD), F. No. 354/ 61/2019-TRU, Dated, 24th June, 2019

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 dia code above 16" used in buses and lorries/trucks" (hereinafter referred to as the subject goods) falling under tariff heading 4011 20 10 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, People's Republic of China (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 6/8/2018-DGAD dated 25th March, 2019 has come to the conclusion that imposition of definitive countervailing duty is required to offset subsidization and injury and has recommended the imposition of definitive countervailing duty on the imports of the subject goods from China PR.

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 22 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 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, countervailing duty of an amount equivalent to the difference between the quantum calculated at the rate mentioned in column (7) and anti-dumping duty payable, if any, of the said Table, namely:-

TABLE

S. No. Tariff Item Descriptin of Goods Country of Origin Country of Export Producer Duty amount as % of CIF value
(1) (2) (3) (4) (5) (6) (7)
1. 4011 20 10 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 other country including China PR Zhongce Rubber Group Co. Ltd. 9.55%

2. -do- -do- China PR Any other country including China PR Shandong Wanda Boto Tyre Co. Ltd. 9.18%
3. -do- -do- China PR Any other country including China PR Triangle Tyre Co. Ltd 12.23%
4. -do- -do- China PR Any other country including China PR Shandong Yongfeng Tyres Co. Ltd 9.12%
5. -do- -do- China PR Any other country including China PR Aeolus Tyre Co. Ltd. 9.66%
6. -do- -do- China PR Any other country including China PR Qingdao Yellow Sea Rubber Co. Ltd. 9.66%
7. -do- -do- China PR Any other country including China PR Any producer other than S. No. 1 to 6 17.57%
8. -do- -do- Any country other than China PR China PR Any 17.57%

2. 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.

3. Notwithstanding anything contained in paragraph 2, the countervailing duty imposed under this notification shall remain in force up to and inclusive of the 23rd July, 2024, unless revoked, superseded or amended earlier.

Explanation - For the purposes of this notification:-

(1) 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.

(2) "CIF value" means the assessable value as determined under section 14 of the Customs Act, 1962 (52 of 1962).

(Gunjan Kumar Verma)

Under Secretary to the Government of India