Untitled 1
[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. 04/2022-Customs (ADD)
New Delhi, the 24th January,2022
G.S.R….. (E). - Whereas, the designated authority, vide notification No.
7/7/2021-DGTR
dated the 19th April, 2021, published in the Gazette of India, Extraordinary,
Part I, Section 1, had
initiated a review in the matter of continuation of anti-dumping duty on imports
of ‘Axles for Trailers’
(hereinafter referred to as the ‘subject goods’), falling under heading 8716 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 the People’s Republic of China (hereinafter referred to as
the ‘subject country’),
imposed vide notification of the Government of India, in the Ministry of Finance
(Department of
Revenue) No. 54/2016 – Customs(ADD), dated the 29th November, 2016, published in
the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i), vide G.S.R. number
1101 (E) dated the 29th
November, 2016;
And whereas, the designated authority, vide notification No.04/11/2020-DGTR,
dated the 15th
September, 2020, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 15th
September, 2020, in the matter of circumvention of the anti-dumping duty imposed
on imports of
‘Axle for Trailers’ originating in or exported from the People’s Republic of
China, had initiated an
investigation to determine the need for extending the anti-dumping duty imposed
on imports of ‘Axle
for Trailers’, originating in or exported from the People’s Republic of China,
vide notification of the
Government of India in the Ministry of Finance (Department of Revenue), No.
54/2016-Customs
(ADD), dated the 29th November, 2016, published vide G.S.R. 1101(E) in the
Gazette of India,
Extraordinary, Part II, Section 3, Sub-Section (i), dated the 28th July, 2017,
to the imports of ‘Axle for
Trailers in Completely Knock Down and Semi Knock Down condition’ falling under
the tariff
headings 8716 90 10 of the First Schedule to the Customs Tariff Act, originating
in, or exported from
the subject country into India and subsequently the designated authority in its
final findings, published
vide notification No.04/11/2020-DGTR, dated the 14th September, 2021, in the
Gazette of India,
Extraordinary, Part I, Section 1 had recommended imposition of the existing
anti-dumping duty
imposed on the imports of ‘Axle for Trailers’, originating in or exported from
the People’s Republic
of China, vide notification of the Government of India in the Ministry of
Finance (Department of
Revenue), No. 54/2016-Customs (ADD), dated the 29th November, 2016, published
vide G.S.R.
1101(E) in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section
(i), dated the 29th
November, 2016, on the ‘Axle for Trailers in Completely Knock Down/Semi Knock
Down condition’,
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 anti-dumping duty on imports of ‘Axle for Trailers in
Completely Knock
Down/Semi Knock Down condition’, originating in or exported from the People’s
Republic of China,
vide notification of the Government of India in the Ministry of Finance
(Department of Revenue),
No.69/2021-Customs (ADD), dated the 13th December, 2021, published vide G.S.R.
854(E) in the
Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i), dated the
13th December, 2021 and
this anti-dumping duty was to be effective from the 13th December, 2021 and
would be co-terminus
with the anti-dumping duty on ‘Axle for Trailers’ as levied vide aforesaid
notification No. 54/2016-
Customs (ADD), dated the 29th November, 2016, published in the official Gazette
vide number G.S.R.
1101(E), dated the 29th November, 2016;
And whereas, in the matter of review of anti-dumping duty on import of the
subject goods,
originating in or exported from the subject country, the designated authority in
its final findings,
published in the Gazette of India, Extraordinary, Part I, Section 1, vide
notification number 7/7/2021-
DGTR, dated the 27th October, 2021, has inter alia come to the conclusion that,
-
(i) the fact that the dumped imports continued even after anti-dumping duties
and there are
practices like circumvention to evade the duties in place show a strong
likelihood situation
that rate of imports may increase significantly if the existing anti-dumping
duties are revoked;
(ii) that there is a likelihood of continuation/recurrence of dumping and injury
to the domestic
industry in the event of cessation of duties at this stage,
and has recommended continued imposition of an anti-dumping duty on imports of
the subject goods,
originating in, or exported from the subject country and imported into India;
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 23 of the Customs Tariff
(Identification,
Assessment and Collection of Anti-dumping Duty on Dumped Articles and for
Determination of
Injury) Rules, 1995, and in supersession of the notification of the Government
of India in the
Ministry of Finance (Department of Revenue), No. 54/2016- Customs (ADD), dated
the 29th
November,2016 published in the Gazette of India, Extraordinary, Part II, Section
3, Sub-section (i),
vide number G.S.R 1101(E), dated the 29th November, 2016, except as respects
things done or
omitted to be done before such supersession, 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 item
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), imported into India, an anti-dumping duty at
a rate which is equal
to the amount as specified in the corresponding entry in column (7), in the
currency as specified in
the corresponding entry in column (9) and as per unit of measurement as
specified in the
corresponding entry in column (8) of the said Table, namely:-
Sl. No |
Tariff Item |
Description of Goods |
Country
of Origin |
Country of
ExportProducer |
Amount |
Unit of
Measurement |
|
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
1 |
8716 90 10 |
Axle for
Trailers* |
China PR
|
Any
country
including
China PR |
Guangdong
Fuwa Heavy
Industries
Co., Ltd. |
0.16 |
Kg |
United states
Dollar |
2 |
8716 90 10 |
Axle for
Trailers* |
China PR
|
Any
country
including
China PR |
Any
producer
other than
serial no 1 |
0.31 |
Kg |
United states
Dollar |
3 |
8716 90 10 |
Axle for
Trailers* |
|
China PR |
Any producer |
0.31 |
Kg |
United states
Dollar |
* includes ‘Axle for Trailers in Semi Knocked Down / Completely Knocked Down
condition’ i.e., in
an unassembled, unfinished or incomplete form.
2. The anti-dumping duty imposed under this notification shall be effective for
a period of five
years (unless revoked, suspended and 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, the rate
of exchange applicable for the purpose 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, 1962.
[F. No. CBIC-190354/15/2022-TRU Section-CBEC]
(Jainendra Singh Kandhari)
Deputy Secretary to the Government of India
|