Anti-Dumping Duty: Primary pencil cells and primary batteries of R6 (AA)
size export originating from People�s Republic of China
This notification has been rescinded vide Customs Notification No.
85 dated 2nd August 2001.
WHEREAS in the matter of import of primary pencil cells and
primary batteries of R6 (AA) size, both in paper and metal (both heavy duty
and super heavy duty) jacketed form, excluding rechargeable batteries, falling
under sub-heading No. 8506.10 of the First Schedule to the Customs Tariff Act,
1975 (51 of 1975), originating in or exported from People�s Republic of China,
the designated authority vide its preliminary findings, published in the Gazette
of India, Extraordinary, Part I, Section 1, dated the 24th January,
2001, has come to the conclusion that -
(i)
Dry Cell Batteries of Chinese origin have been exported to India below
their normal value;
(ii)
the Indian industry has suffered material injury and is being threatened
with further injury;
(iii)
the injury has been caused by the dumped imports from China;
and has considered it necessary to impose anti-dumping duty,
provisionally, pending final determination, on all imports of primary pencils
cells and primary batteries of R6 (AA) size, both in paper and metal (both heavy
duty and super heavy duty) jacketed form, excluding rechargeable batteries,
originating in or exported from 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 above findings of the designated
authority hereby, imposes on primary pencil cells and primary batteries of R6
(AA) size, both in paper and metal (both heavy duty and super heavy duty)
jacketed form, excluding rechargeable batteries, falling under sub-heading No.
8506.10 of the First Schedule to the said Customs Tariff Act, originating in or
exported from People�s Republic of China, and imported into India, an
anti-dumping duty at the rate which is equivalent to the difference between US$
75.25/- per 1000 pieces of the said primary pencils cells and primary batteries
and landed value of import per 1000 pieces for all exporters / manufacturers
from People�s Republic of China.
2.
The anti-dumping duty imposed under this notification shall be effective
upto and inclusive of the 5th day of August 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 sections 3, 3A, 8B, 9 and 9A of the Customs Tariff
Act, 1975.
(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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