Amendments in the notification No. 1/2002-Customs dated the 2nd January, 2002 related to anti-dumping duty on lead acid Batteries

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Customs Notification No. 132 / 2003 dated 25.8.2003
Amendments in the notification No. 1/2002-Customs dated the 2nd January, 2002 related to anti-dumping duty on lead acid Batteries

G.S.R. (E).- WHEREAS, in the matter of import into India of lead acid batteries falling under heading 8507 of the First Schedule to the Customs Tariff Act, 1975(51 of 1975), originating in, or exported from, People’s Republic of China, Republic of Korea, Japan, and Bangladesh, the designated authority vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th December, 2001, had come to the conclusion that-

(a) Lead Acid Batteries had been exported to India from China, Korea, Japan and Bangladesh below their normal value;

(b) the Indian industry had suffered material injury and was being further threatened with material injury;

AND WHEREAS on the basis of aforesaid final findings of the designated authority, the Central Government had imposed final anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 1/2002-Customs dated the 2nd January, 2002 published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 2nd January, 2002 [G.S.R. 3(E), dated the 2nd January, 2002];

AND WHEREAS the Customs Excise and Gold Control Appellate Tribunal (now it is named as the Customs Excise and Service Tax Appellate Tribunal) (hereinafter referred to as “Tribunal”), in its Final Order No. 4-6/03-AD dated the 3rd June, 2003 in Appeal No. C/198,203 and 204/02-AD filed by M/s Exide Industries Ltd. and others against the said final findings No. 67/1/2000-DGAD dated the 7th December, 2001, has held that ‘the exemption from anti-dumping duty provided to the aforesaid three Chinese exporters is set aside. Accordingly, the existing entry under S. No. 1 in relation to “industrial” battery imported from People’s Republic of China in Table-II of notification No. 1/2002-customs dated 2nd January, 2002 is replaced by the following entry:

No.

(1)

Name of

the

Country

(2)

Type of

battery

(3)

Exporter / manufacturer

(4)

Amount

(US$ per kg)

(5)

People’s Republic

of China

(a) Industrial

All exporters / manufacturers

3.192’;

AND WHEREAS the designated authority has accepted the said order of Tribunal and has issued a corrigendum dated the 16th July, 2003 vide No. 67/1/2000-DGAD to the aforesaid final findings;

NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) read with of section 9A of the Customs Tariff Act, 1975 read with rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the corrigendum issued by the designated authority hereby makes the following amendments in the notification No. 1/2002-Customs dated the 2nd January, 2002, published in the Gazette of India, Extraordinary, Section 3, Sub-section (i) vide No. 3(E) dated 2nd January, 2002, namely:-

In the said notification, in Table II, for S.No.1 and the entries relating thereto, the following shall be substituted, namely:-

S.No.	Name of the Country	Type of battery		Exporter / manufacturer	Amount (US$ per kg)
(1)	(2)	(3)		(4)	(5)
“1.	People’s Republic of China	(a) Industrial		All exporters / manufacturers	3.192
		(b) Automotive	(i)NMF	All exporters	2.532
			(ii)MF	All exporters	2.121
			(iii)Motorcycle	All exporters	3.930”.

[F.No.354/200/2001-TRU]

( V. Sivasubramanian)

DEPUTY SECRETARY TO THE GOVERNMENT OF INDIA