Notification No. 84
/2001-Customs dated the 2nd August, 2001
Dry Cell Batteries- Final Anti-dumping Duty Levied
WHEREAS in the matter of import of primary pencil cells and primary batteries of
R6 (AA) size, both in paper and metal (both heavy duty and super heavy duty)
jacketed form, excluding rechargeable batteries, falling under sub-heading No.
8506.10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975),
originating in, or exported from, the People's Republic of China, the designated
authority vide its preliminary findings, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 24th January, 2001, had come to the
conclusion that -
(a) Dry Cell Batteries of Chinese origin have been exported to India below
their normal value;
(b) the Indian industry has suffered material injury and is being threatened
with further injury;
(c) the injury has been caused by the dumped imports from China,
and had considered it necessary to impose anti-dumping duty, provisionally,
pending final determination, on all imports of primary pencil cells and primary
batteries of R6 (AA) size, both in paper and metal (both heavy duty and super
heavy duty) jacketed form, excluding rechargeable batteries, originating in or
exported from China;
And Whereas on the basis of the aforesaid findings of the designated authority,
the Central Government had imposed an anti-dumping duty vide notification of the
Government of India in the Ministry of Finance (Department of Revenue), No.
14/2001-Customs, dated the 6th February, 2001, [G.S.R. 70 (E) dated the 6th
February, 2001] published in Part II, Section 3, Sub-section (i) of the Gazette
of India, Extraordinary, dated the 6th February, 2001;
And Whereas the designated authority vide its final findings, dated the 13th July, 2001, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13th July, 2001, has come to the conclusion that -
(a) Dry cell batteries of Chinese origin have been exported to India below
their normal value;
(b) The Indian industry has suffered material injury and is being threatened
with further injury;
(c) The injury has been caused by the dumped imports from China;
Now, therefore, in exercise of the powers conferred by sub-section (1), read
with sub-section (5), of section 9A of the said Customs Tariff Act, and 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 aforesaid final findings of
the designated authority, hereby imposes on dry batteries, that is, primary
pencil cells and batteries, both in paper and metal (both heavy duty and super
heavy duty) jacketed form, which are technically and commercially described as
R6, AA or UM3, excluding rechargeable batteries and alkaline batteries, falling
under sub-heading No. 8506.10 of the First Schedule to the said Customs Tariff
Act, originating in, or exported from, the People's Republic of China and
imported into India, an anti-dumping duty at the rate which is equivalent to the
difference between the amount equivalent to US$ 74.75 per 1000 pieces and the
landed value of import per 1000 pieces.
2. The anti-dumping duty imposed under this notification shall be levied with
effect from the date of the imposition of the provisional duty, i.e. the 6th
February, 2001, and shall be paid in Indian currency.
Explanation. - For the purposes of this notification,-
(a) "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;
(b) rate of exchange applicable for the purposes of calculation of the
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 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/-
G.D.Lohani
Under Secretary to the Government of India
Notification No.
85/2001-Customs dated the 2nd August, 2001
Dry Cell Batteries-Provisional Anti-dumping Notification withdrawn on Levy of
Final Duty.
In exercise of the powers conferred by sub-section (2) of section 9A of the
Customs Tariff Act, 1975 (51 of 1975), read with rule 13 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
hereby rescinds the notification of the Government of India in the Ministry of
Finance (Department of Revenue), No.14/2001-Customs, dated the 6th February,
2001 [ G.S.R. 70 (E), dated the 6th February, 2001], except as respects things
done or omitted to be done before such rescission.
Sd/-
G. D. Lohani
Under Secretary to the Government of India