Anti-Dumping Duty Imposed on Chinese Flat Base Steel Wheels

The Ministry of Finance, Department of Revenue, has recently issued Notification No. 09/2023-Customs (ADD) dated 11th September, 2023. This notification pertains to the imposition of an Anti-Dumping Duty (ADD) on imports of “Flat Base Steel Wheels” originating in and exported from China PR for a duration of five years. In this article, we will delve into the details of this significant development.

The notification states that the designated authority initiated a review under sub-section (5) of section 9A of the Customs Tariff Act, 1975, in conjunction with rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995. This review aimed to assess the continuation of anti-dumping duty on imports of ‘Flat Base Steel Wheels’ under sub-heading 8708 70 of the Customs Tariff Act, originating in or exported from China PR.

In its final findings, the designated authority made several key observations:

1. Potential Dumping: The authority concluded that the subject goods could potentially enter the Indian market at dumped prices if the existing anti-dumping duties were lifted.
2. Export Price Evidence: Evidence showed that Chinese exporters were selling the goods to third countries at significantly dumped and injurious prices.
3. No Undue Advantage: The Indian industry would not gain any undue advantage from the extension of existing duties.
4. Healthy Competition: The Indian market displayed healthy competition, and the continuation of duties would not adversely affect user industries.

Based on these findings, the designated authority recommended the continued imposition of anti-dumping duties for a period of five years on all imports of the subject goods originating in or exported from China PR.

The Central Government, exercising its powers under section 9A of the Customs Tariff Act, 1975, and relevant rules, has implemented this recommendation. Anti-dumping duty has been imposed on ‘Flat Base Steel Wheels’ for a period of five years, as specified in the notification.

Conclusion: In summary, the Ministry of Finance, Department of Revenue, has taken the decision to impose a five-year anti-dumping duty on imports of ‘Flat Base Steel Wheels’ originating in and exported from China PR. This decision is based on the findings and recommendations of the designated authority, which indicate the potential for dumping and the need to protect Indian industries. Importers and stakeholders should take note of this development, as it will have implications for trade involving these specific steel wheels.

MINISTRY OF FINANCE
(Department of Revenue)

Notification No. 09/2023-Customs (ADD) | Dated: 11th September, 2023

G.S.R. 661(E).—Whereas, the designated authority vide notification No.7/02/2023- DGTR, dated the 12^th June, 2023, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 12^th June, 2023, had initiated the review in term of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), read with rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in the matter of continuation of anti-dumping duty on imports of ‘Flat Base Steel Wheels’ (hereinafter referred to as the subject goods) falling under the sub-heading 8708 70 of the First Schedule to the Customs Tariff Act, originating in, or exported from China PR (hereinafter referred to as the subject country), imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), notification No. 46/2018-Customs (ADD) dated 13^th September, 2018, published in the Gazette of India, Extraordinary, vide number G.S.R. 877(E), dated 13^th September, 2018.

And whereas, in the matter of review of anti-dumping 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. F. No. 7/02/2023- DGTR, dated the 12th June, 2023 in the Gazette of India, Extraordinary, Part I, Section 1, dated the 12th June, 2023 has come to the conclusion that :-

a) the subject goods are likely to enter the Indian market at dumped prices, if the anti-dumping duties in force cease to operate;

b) the evidence of export price indicates that the Chinese exporters are exporting the goods to third countries at significant dumped and injurious prices;

c) the Indian industry does not gain any undue advantage on extension of existing duties;

d) there is healthy competition in the Indian market and continuation of the duties would not deprive the user industry of any requirements; and has recommended continued imposition of anti-dumping, for a period of five years concerning all 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 (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), 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 notification No. 46/2018-Customs (ADD) dated 13^th September, 2018 published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-Section (i), vide G.S.R. 877(E) dated 13^th September, 2018, except as respects things done or omitted to be done before such supersession, the Central Government , on the basis of the aforesaid final findings and recommendations 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 sub-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 equal to the amount specified in the corresponding entry in column (8), as per unit of measurement specified in the corresponding entry in column (9) in the currency specified in the corresponding entry in column (10) of the aforesaid Table, namely:-

TABLE

2. The anti-dumping duty imposed under this notification shall be effective for a period of five years from the date of publication of this notification in the Official Gazette and shall be payable in Indian currency.

[F. No. 190354/163/2023-TRU]

VIKRAM WANERE, Under Secy.