Customs Notification No. 110 dated 10^th October 2002

WHEREAS in the matter of import of lead acid batteries falling under heading 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 final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7^th December, 2001, had come to the conclusion that -

(a)    Lead acid batteries have been exported to India from China, Korea, Japan and Bangladesh below their normal value during the period of investigation;

(b)    The Indian Industry has suffered material injury and is further being threatened with material injury;

(c)    The injury has been caused by the dumped imports from China, Korea, Japan and Bangladesh;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the said lead acid batteries vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 1/ 2002 - Customs, dated the 2^nd January, 2002 [G.S.R. 3 (E), dated the 2^nd January, 2002], published in Part II, Section 3, Sub-Section (i) of the Gazette of India, Extraordinary, dated the 2^nd January, 2002;

AND WHEREAS M/s Yuasa Battery (Guangdong) Co. Ltd. People�s Republic of China and M/s CSB Battery Guangzhou Co. Ltd., 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 notifications No. 14/ 30/ 2002-DGAD and No. 14/ 26/ 2002 - DGAD, dated the 27^th August, 2002 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27^th August, 2002, has recommended provisional assessment of all exports of the said lead acid batteries made by the said M/s Yuasa Battery (Guangdong) Co. Ltd. People�s Republic of China and M/s CSB Battery Guangzhou Co. Ltd., People�s Republic of China till the completion of the review by it;

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, lead acid batteries falling under heading 85.07 of the First Schedule to the said Customs Tariff Act exported by M/s Yuasa Battery (Guangdong) Co. Ltd. People�s Republic of China and M/s CSB Battery Guangzhou Co. Ltd., People�s Republic of China, when imported into India, shall be subjected to provisional assessment during the period of investigation beginning with the 1^stSeptember, 2002 and ending with the 28^th February, 2003.

2.     The provisional assessment may be subject to such 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 into India of lead acid batteries from M/s Yuasa Battery (Guangdong) Co. Ltd. People�s Republic of China and M/s CSB Battery Guangzhou Co. Ltd., People�s Republic of China from the date of initiation of the said review.