MINISTRY OF COMMERCE AND INDUSTRIES
(DIRECTORATE GENERAL OF TRADE REMEDIES)
TERMINATION NOTIFICATION
(New Shipper Review)
New Delhi, the 4th March, 2021
Case No. NSR-01/2020
Subject : Termination of New Shipper Review investigation for determination of individual countervailing/ anti-subsidy duty rate for M/s. Shandong Haohua Tire Co., Ltd., China PR (Producer) in the case of Anti-Subsidy duties imposed on 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, originating in or exported from China PR.
No. 7/8/2020-DGTR.—1. M/s. Shandong Haohua Tire Co., Ltd., China PR (hereinafter also referred to as “Applicant” or “producer”), along with Guangzhou Exceed Industrial Technology Co. Ltd., China PR (“Exceed”) and H K Trade Wind Trading Limited, Hong Kong (“Trade Wind”), (all three entities hereinafter also referred to as New Shipper Applicants) had filed an application in accordance with Article 19.3 of Agreement on Subsidies and Countervailing Measures (hereinafter also referred to as “ASCM”), the Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995 as amended from time to time (hereinafter also referred to as the ‘Rules’) and the Custom Tariff Act, 1975 as amended from time to time (hereinafter referred to as the ‘Act’) before the Designated Authority (hereinafter also referred to as the “Authority”) requesting for determination of their individual countervailing/ Anti-subsidy duty rates in the matter of Anti-subsidy duties levied on subsidized imports 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-inches used in buses and lorries/ trucks”, originating in or exported from China PR. The said duties were recommended vide Final Findings Notification No. F. No. 6/8/2018 DGAD dated 25th March 2019 and levied by the Central Government vide Customs Notification No. 1/2019-Customs (CVD) dated 24th June 2019
2. On the basis of a duly substantiated application filed by the New Shipper Applicant and the prima facie evidence available, the Authority vide Initiation Notification 7/8/2020-DGTR dated 20th April 2020 initiated the New Shipper Review investigation in terms of Rule 24 of the Rules read with Article 19.3 of the ASCM for determination of individual countervailing/ Anti-subsidy duty rate in relation to the Anti-subsidy duties levied on subsidized imports 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-inches used in buses and lorries/ trucks”, originating in or exported from China PR vide Customs Notification No. 1/2019-Customs (CVD) dated 24th June 2019 pursuant to the recommendations made by the Authority vide Final Findings Notification No. F. No. 6/8/2018 DGAD dated 25th March 2019.
3. The said investigation involved M/s. Shandong Haohua Tire Co., Ltd., China PR as Producer and Guangzhou Exceed Industrial Technology Co. Ltd., China PR and H K Trade Wind Trading Limited, Hong Kong as traders.
4. The period of investigation (POI) for the purpose of the said shipper review investigation was 1st October 2019 to 30th September 2020 (12 months).
5. Vide letter dated 14th July 2020, the applicant had requested for extension of period under investigation so as to enable them to exports subject goods to India. However, the Authority advised the applicant to effect reasonable quantity of exports of the product under consideration during the remaining period of POI and submit the details thereafter for determination of individual duty margin.
6. Pending the completion of the investigation, the authority received a letter dated 28th January 2021 from the applicant stating that it has no opportunity to affect exports of its goods to India because of the import restrictions imposed by the Directorate General of Foreign Trade vide Notification No. 12/2015–2020 dated 12 June 2020. The applicant vide the said letter requested for withdrawal of its application with the liberty to file the application again.
7. The Authority notes that the Rule 14(a) of the Anti-Dumping Rules reads as under;
“Termination of investigation. – The designated authority shall, by issue of a public notice, terminate an investigation immediately if –
(a) it receives a request in writing for doing so from or on behalf of the domestic industry affected, at whose instance the investigation was initiated;”
8. Accordingly, in view of the request of the applicant and the provision in Rule 14 (a) of the Anti-Dumping Rules, the Authority hereby terminates the present New Shipper Review investigation for determination of individual countervailing/ anti-subsidy duty rate for M/s. Shandong Haohua Tire Co., Ltd., China PR (Producer) in the case of Anti-Subsidy duties imposed on 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, originating in or exported from China PR.
ANANT SWARUP, Designated Authority
