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Anti-Dumping Duty: Lead acid batteries export originating from People�s
Republic of China, Republic of Korea, Japan and Bangladesh
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 goods 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 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 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.
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Name of the country
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Types of battery
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Amount in US$ per kg
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(1)
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(2)
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(3)
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People�s
Republic of China
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1.
Industrial
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3.48
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2.
Automotive (Non Maintenance Free)
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3.34
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3.
Automotive (Maintenance Free)
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2.49
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Republic
of Korea
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1.
Industrial
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3.96
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2.
Automotive (Non Maintenance Free)
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3.25
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3.
Automotive (Maintenance Free)
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2.36
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Japan
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1.
Industrial
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3.98
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2.
Automotive (Non Maintenance Free)
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3.22
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3.
Automotive (Maintenance Free)
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2.46
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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, -
(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 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.
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