CUSTOMS
NOTIFICATION No.41/2001 Dated 9th April, 2001
Anti Dumping duty on lead acid batteries
WHEREAS
in the matter of import of lead acid batteries,
falling under heading No.85.07 of the First Schedule to the Customs Tariff Act,
1975 (51 of 1975), originating in or exported from the People’s Republic of
China, Republic of Korea, Japan and Bangladesh and imported into India, the
designated authority vide its preliminary findings, published in the Gazette of
India Extraordinary, Part I, Section 1, dated 21st March, 2001, has
come to the conclusion that-
|
(i) |
Lead
Acid Batteries exported to India from China, Korea and Japan are below its
normal value; |
|
(ii) |
the
Indian industry has suffered material injury and is further being
threatened with materials injury; |
|
(iii) |
the
injury has been caused by the dumped imports from China, Korea and Japan; |
|
(iv) |
as
per evidence available before the Authority at present volume of imports
of subject good from Bangladesh is de-minimis, |
and
has considered it necessary to impose anti-dumping duty, provisionally, pending
final determination, on all imports of lead acid batteries, originating in or
exported from China, Korea and Japan and imported into India;
Now,
therefore, in exercise of the powers conferred by sub-section (2) of section 9A
of the said Customs Tariff Act, read with rules 13 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 above findings of the designated authority hereby imposes on
lead acid batteries, falling under sub-heading No.85.07 of the First Schedule to
the said Customs Tariff Act, originating in, or exported from, the countries
specified in column (1) of the Table hereto annexed, and imported into India, an
anti-dumping duty at the rate equivalent to the difference between the amount
mentioned in column (3) and landed value of import per kilogram of the battery
of the type specified in column (2) of the said Table.
|
Name
of the country |
Type
of battery |
Amount
in US$ per kg |
|
(1) |
(2) |
(3) |
|
People’s
Republic of China |
1.
Industrial 2.
Automotive (Non Maintenance Free) 3.
Automotive (Maintenance Free) |
3.48 3.34 2.49 |
|
Republic
of Korea |
1.
Industrial 2.
Automotive (Non Maintenance Free) 3.
Automotive (Maintenance Free) |
3.96 3.25 2.36 |
|
Japan |
1.
Industrial 2.
Automotive (Non Maintenance Free) 3.
Automotive (Maintenance Free) |
3.98 3.22 2.46 |
2.
The anti-dumping duty imposed under this notification shall be effective upto
and inclusive of the 8th day of October, 2001, and shall be payable in Indian
currency.
Explanation.-
For the purposes of this notification,-
|
"landed
value” means the assessable value as determined under the Customs
Act, 1962
(52 of 1962) and includes all duties of customs except duties
levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act. |
|
|
“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 powers
under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the
said Customs Act and the relevant date for 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. |
|
Sd/- |
|
|
(Prashant
Kumar Sinha) |
|
Under Secretary to the Government of India |
|