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Customs Notification No-07/2006
dated 13.2.2006
Anti dumping duty on CFL : M/s Osram China Lighting to get provisional
assessment benefits
G.S.R. (E).- Whereas in the matter of import of compact fluorescent lamps (hereinafter referred to as CFL), falling under sub-heading 8539 31 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China (China PR) and Hong Kong and imported into India, the designated authority vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14th November, 2002, had come to the conclusion that –
(a) CFL originating in, or exported from, the People’s Republic of China
and Hong Kong have been exported to India below normal value, resulting in
dumping;
(b) the Indian industry has suffered material injury from exports of CFL from
the People’s Republic of China and Hong Kong;
(c) the injury had been caused cumulatively by the dumped imports from the
People’s Republic of China and Hong Kong;
(d) in case of exports of CFL with choke by M/s Phillips & Yaming, People’s
Republic of China, causal link could not be established, as the landed value
of such exports was more than the non-injurious price,
and had proposed imposition of anti-dumping duty, on all imports of CFL,
originating in, or exported from, the People’s Republic of China and Hong Kong,
except exports of CFL, with or without choke, by M/s Phillips & Yaming, People’s
Republic of China.
And whereas on the basis of the aforesaid findings of the designated authority,
the Central Government had imposed an anti-dumping duty on CFL originating in,
or exported from, People’s Republic of China and Hong Kong and imported into
India vide notification of the Government of India in the Ministry of Finance
and Company Affairs (Department of Revenue), No. 138/2002-Customs, dated the
10th December, 2002, published in Part II, Section 3, Sub-Section (i) of the
Gazette of India, Extraordinary, dated the 10th December, 2002 [G.S.R. 813(E),
dated the 10th December, 2002];
And whereas M/s Osram China Lighting Limited, the People’s Republic of China
have requested for review in terms of rule 22 of the Customs Tariff
(Identification, Assessment and Collection of Anti-dumping Duty on Dumped
Articles and for Determination of Injury) Rules, 1995 in respect of exports made
by them, and the designated authority, vide new shipper review notification No.
15/27/2004-DGAD dated the 15th February, 2005 published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 15th February, 2005 has recommended
provisional assessment of all exports of CFL made by the said M/s Osram China
Lighting Limited, the People’s Republic of China till the completion of the said
review;
Now, therefore, in exercise of the powers conferred by sub-rule (2) of rule 22
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, after considering the aforesaid recommendation of the
designated authority, hereby orders that pending the outcome of the said review
by the designated authority, export of compact fluorescent lamps (hereinafter
referred to as CFL), falling under sub-heading 8539 31 of the First Schedule to
the said Customs Tariff Act, by M/s Osram China Lighting Limited, the People’s
Republic of China, when imported into India, shall be subjected to provisional
assessment till the review is completed.
2. The provisional assessment may be subject to such security or guarantee as
the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the
case may be, deems fit for payment of the deficiency, if any, in case a
definitive anti dumping duty is imposed retrospectively, on completion of
investigation by the designated authority.
3. In case of recommendation of anti-dumping duty after completion of the said
review by the designated authority, the importer shall be liable to pay the
amount of such anti-dumping duty recommended on review and imposed on all
imports of compact fluorescent lamps into India, exported by M/s Osram China
Lighting Limited, the People’s Republic of China, when imported into India, from
the date of initiation of the said review.
[F. No. 354/ 204/2001-TRU]
(Sonal Bajaj)
Under Secretary to the Government of India