This
notification has been rescinded vide Customs Notification No. 139 dated 10th
December 2002.
Whereas in the matter of import of Compact
Fluorescent Lamps, falling under sub-heading No. 8539.31 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from People�s Republic of China and Hong Kong, and imported into
India, the designated authority vide its preliminary findings, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 2nd
November, 2001, has come to the conclusion that -
(a)��� the imports of Compact Fluorescent Lamps
into India from People�s Republic of China and Hong Kong have increased quite
significantly both in absolute terms and relative to consumption in India;
(b)��� the sale of domestic industry has declined
significantly;
(c)��� the domestic sale prices are suffering from
both price suppression and price depression due to dumped imports from China
People�s Republic of China and Hong Kong;
(d)��� the production has remained more or less
static during period of investigation;
(e)��� closing stocks has gone up by around 145%
during period of investigation over previous year;
(f)���� the capacity utilisation during the period
of investigation was as low as 20% (after taking into account the increased
capacity);
(g)��� the domestic industry has suffered losses
during the period of investigation;
and has considered it necessary to
impose anti-dumping duty, provisionally, pending final determination, on all
imports of the subject goods, originating in or exported from People�s Republic
of China and Hong Kong;
Now, therefore, in exercise of the
powers conferred by sub-section (2) of section 9A of the said Customs Tariff
Act, read with rule 13 and rule 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 Compact
Fluorescent Lamps falling under Chapter 85 of the First Schedule to the said
Customs Tariff Act, originating in or exported from the country specified in
column (2) of the Table annexed hereto, when exported by exporter mentioned
against the corresponding country in column (3) of the said Table, and imported
into India, an anti-dumping duty at the rate which is equivalent to the
difference between the amount mentioned in corresponding entries in column (4)
or column (5) of the said Table, and the landed value of the imports per unit
in US$.
S. No.
|
Name of
the Country
|
Name of
the producer/ exporter
|
Amount per
unit in US$
|
Without
choke
|
With choke
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
1.
|
People�s Republic of China
|
M/s Philip and Yaming Lighting Co.
Ltd.
|
1.426
|
3.115
|
All other exporters
|
1.426
|
3.115
|
2.
|
Hong Kong
|
All other exporters
|
1.426
|
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|
2.���� The anti-dumping duty imposed under this
notification shall be effective upto and inclusive of the 20th
day of June 2002, and shall be payable 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 section 3, 3A, 8B, 9
and 9A of the said Customs Tariff Act.
(b) 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 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.