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Anti-Dumping Duty: Non-brass Metal Flashlights, Originating in or
Exported from People�s Republic of China
Customs
Notification No. 25 dated 13th February 2003
WHEREAS
in the matter of import of non-brass metal flashlights (hereinafter referred to
as subject goods), classified under sub-heading 8513 10 of the First Schedule to
the Customs Tariff Act, 1975, (51 of 1975), originating in or exported from
Peoples Republic of China and imported into India, the designated authority vide
its preliminary findings notification No. 14/27/2002-DGAD, dated the 16th
January 2003, published in the Gazette of India, Extraordinary, Part I, Section
1, dated the 17th January, 2003, has come to the conclusion that -
(i)
Non brass metal flashlights have been exported to India from Peoples
Republic of China below its normal value;
(ii)
The Indian industry has suffered material injury;
(iii)
The injury has been caused to the domestic industry by the dumped imports
from Peoples Republic of China;
and
has recommended imposition of provisional anti-dumping duty, pending final
determination, on imports of subject goods, originating in, or exported from,
Peoples Republic of China;
NOW,
THEREFORE, in exercise of the powers conferred by sub-section (2) of section 9A
of the said Customs Tariff Act, read with rules 13 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 findings of the designated authority, hereby
imposes on the goods, the description of which is specified in column (3) of the
Table below, falling under sub-heading of the First Schedule to the said Customs
Tariff Act as specified in the corresponding entry in column (2), the
specification of which is specified in column (4) of the said Table, originating
in the countries as specified in the corresponding entry in column (5) , and
produced by the producers as specified in the corresponding entry in column (7),
when exported from the countries as specified in the corresponding entry in
column (6), by the exporters as specified in the corresponding entry in column
(8), and imported into India, an anti-dumping duty at a rate which is equivalent
to the difference between, the amount as specified in the corresponding entry in
column (9), in the currency as specified in the corresponding entry in column
(11) and per unit of measurement as specified in the corresponding entry in
column (10), of the said Table, and the landed value of such imported goods,
exclusive of the value of batteries, if any, in like currency per like unit of
measurement.
TABLE
|
S.No.
|
Sub-heading
|
Description
of goods
|
Specification
|
Country
of origin
|
Country
of Export
|
Producer
|
Exporter
|
Amount
|
Unit
of measurement
|
Currency
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
(11)
|
|
1.
|
8513
10
|
Non-brass
metal flashlights (in compact or SKD condition)
|
2
cell small, conforming to battery size AA,
|
Peoples
Republic of China
|
Any
country
|
Any
producer
|
Any
exporter
|
680
|
Thousand
pieces
|
USD
|
|
2.
|
8513
10
|
Non-brass
metal flashlights (in compact or SKD condition)
|
2
cell small, conforming to battery size AA,
|
Any
country except Peoples Republic of China
|
Peoples
Republic of China
|
Any
producer
|
Any
exporter
|
680
|
Thousand
pieces
|
USD
|
|
3.
|
8513
10
|
Non-brass
metal flashlights (in compact or SKD condition)
|
2
cell large, conforming to battery size D
|
Peoples
Republic of China
|
Any
country
|
Any
producer
|
Any
exporter
|
838
|
Thousand
pieces
|
USD
|
|
4.
|
8513
10
|
Non-brass
metal flashlights (in compact or SKD condition)
|
2
cell large, conforming to battery size D
|
Any
country except Peoples Republic of China
|
Peoples
Republic of China
|
Any
producer
|
Any
exporter
|
838
|
Thousand
pieces
|
USD
|
|
5.
|
8513
10
|
Non-brass
metal flashlights (in compact or SKD condition)
|
3
cell large, conforming to battery size D
|
Peoples
Republic of China
|
Any
country
|
Any
producer
|
Any
exporter
|
1608
|
Thousand
pieces
|
USD
|
|
6.
|
8513
10
|
Non-brass
metal flashlights (in compact or SKD condition)
|
3
cell large, conforming to battery size D
|
Any
country except Peoples Republic of China
|
Peoples
Republic of China
|
Any
producer
|
Any
exporter
|
1608
|
Thousand
pieces
|
USD
|
|
7.
|
8513
10
|
Non-brass
metal flashlights (in compact or SKD condition)
|
Other
than those specified at S.No.1-6 above
|
Peoples
Republic of China
|
Any
country
|
Any
producer
|
Any
exporter
|
1608
|
Thousand
pieces
|
USD
|
|
8.
|
8513
10
|
Non-brass
metal flashlights (in compact or SKD condition)
|
Other
than those specified at S.No.1-6 above
|
Any
country except Peoples Republic of China
|
Peoples
Republic of China
|
Any
producer
|
Any
exporter
|
1608
|
Thousand
pieces
|
USD
|
2.
The anti-dumping duty imposed under this notification shall be effective
up to and inclusive of the 12th day of August, 2003, 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 sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;
(b)
�USD� means US Dollar;
(c)
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 by sub-clause (i)
of clause (a) of sub-section (3) of section 14 of the said Customs Act, and
the relevant date for the 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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