ADD on Axle for trailers in CKD/SKD form- NOTIFICATION No. 69/2021-Customs (ADD)
G.S.R. 854(E).—Whereas, in the matter of ‘Axle for Trailers’ falling under the tariff item 8716 90 10 (hereinafter referred to as subject goods) 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), the designated authority, vide its final findings in notification No. 14/17/2015-DGAD, dated the 30th September, 2016, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 30th September, 2016, had recommended imposition of the anti-dumping duty on Axle for Trailers, originating in or exported from the People’s Republic of China.
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’, 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.
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 29th November, 2016, to the imports of ‘Axle for Trailers in Completely Knock
Down (CKD) and Semi Knock Down condition (SKD)’ 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 whereas, 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, has come to the conclusion that
i. there has been a change in pattern of trade in case of subject goods from the subject country;
ii. the value addition in converting the Axle for Trailers in CKD/SKD condition into subject goods is significantly less than that the prescribed threshold in the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the Anti-dumping Rules);
iii. imports of Axle for Trailers in CKD / SKD condition from the subject country are entering at dumped prices.
iv. the import of Axle for Trailers in CKD/SKD condition from the subject country has undermined the remedial effect of existing anti-dumping measure on the imports of Axle for Trailers originating in or exported from the People’s Republic of China;
and has 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.
Now, therefore, in exercise of the powers conferred by sub-sections (1), (1A) and (5) of section 9A of the Customs Tariff Act, read with rule 27 of the Anti-dumping Rules, 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, specified in the corresponding entry in column (2), originating in the country specified in the corresponding entry in column (4), exported from the country specified in the corresponding entry in column (5), produced by the producers specified in the corresponding entry in column (6), exported by the exporters specified in the corresponding entry in column (7) and imported into India, an anti-dumping duty at the rate equal to the amount specified in the corresponding entry in column (8), in the currency specified in the corresponding entry in column (10) and as per unit of measurement specified in the corresponding entry in column (9) of the said Table, namely:-
| S. No. | Tariff Item | Description of Goods | Country of Origin | Country of Export | Producer | Exporter | Amount | Unit | Currency |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) |
| 1. | 8716 90 10 | Axle for Trailers in CKD / SKD form i.e., in an unassembled, unfinished or incomplete form | People’s Republic of China | People’s Republic of China | Guangdong FUWA Engineering Manufacturing Co., Ltd. | Guangdong FUWA Engineering Manufacturing Co., Ltd. | 0.16 | Kg | United States Dollar |
| 2. | 8716 90 10 | Axle for Trailers in CKD / SKD form i.e., in an unassembled, unfinished or incomplete form | People’s Republic of China | People’s Republic of China | Guangdong FUWA Heavy Industries Co., Ltd. | Guangdong FUWA Heavy Industries Co., Ltd. | 0.16 | Kg | United States Dollar |
| 3. | 8716 90 10 | Axle for Trailers in CKD / SKD form i.e., in an unassembled, unfinished or incomplete form | People’s Republic of China | People’s Republic of China | Shandong Jinsheng Axle Manufacturing Co., Ltd. | Shandong Jinsheng Axle Manufacturing Co., Ltd. | 0.14 | Kg | United States Dollar |
| 4. | 8716 90 10 | Axle for Trailers in CKD / SKD form i.e., in an unassembled, unfinished or incomplete form | People’s Republic of China | People’s Republic of China | Any combination other than Sl. No. 1 to 3 above | Any combination other than Sl. No. 1 to 3 above | 0.46 | Kg | United States Dollar |
| 5. | 8716 90 10 | Axle for Trailers in CKD / SKD form i.e., in an unassembled, unfinished or incomplete form | People’s Republic of China | Any country other than People’s Republic of China | Any | Any | 0.46 | Kg | United States Dollar |
| 6. | 8716 90 10 | Axle for Trailers in CKD / SKD form i.e., in an unassembled, unfinished or incomplete form | People’s Republic of China | Any country other than People’s Republic of China | Any | Any | 0.46 | Kg | United States Dollar |
- The anti-dumping duty imposed under this notification shall be effective from the date of publication of this notification in the Official Gazette and will 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 vide number G.S.R. 1101(E), dated the 29th November, 2016 (unless revoked, superseded or amended earlier), and the anti-dumping duty 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 Customs Act.
