Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
229A, North Block, New Delhi-110001
6th December, 2010.
Circular No.43/ 2010-Customs
To,
All Chief Commissioners of Customs / Customs (Prev.).
All Chief Commissioners of Customs & Central Excise.
All Commissioners of Customs / Customs (Prev.).
All Commissioners of Customs & Central Excise.
All Director Generals under CBEC.
Subject: - Anti Dumping Duty on parts/components
of Compact Fluorescent Lamps (CFL) from China and Hong Kong as per Customs
Notification No.138/2002-Customs dated 10.12.2002 – Regarding.
Sir / Madam,
It has been brought to the notice of the Board that Board’s letter dated
25.10.2007 issued vide F.No. 528/53/2007-Cus (TU) is being interpreted wrongly
to mean that anti-dumping duty would not be imposed on CFLs if they are imported
in CKD/SKD condition either together or in part shipments.
- The matter has been examined by the Board. It is observed that the
Board’s letter dated 25.10.2007 (referred above) clarified that anti dumping
duty on CFLs imported from Peoples Republic of China and Hong Kong was not
leviable/recommended on parts/components of CFLs but only on complete CFLs
as mentioned in the relevant Notification No.138/2002-Cus dated 10.12.2002.
This was based on a clarification issued by the Directorate General of Anti
Dumping and Allied Duties (DGAD) and was necessitated because of reports of
confusion whether such duty is also levied on parts/components. However, it
is now learnt that the said clarification in respect of parts/components of
CFLs is being wrongly extended to import of CFLs in CKD/SKD condition.
- In this regard, it is observed that Rule 2(a) of the General
Interpretative Rules is relevant for the purpose of classification of goods
imported in CKD/SKD condition. In terms of the said Rule 2(a), any reference
in a heading to an article shall be taken to include a reference to that
article incomplete or unfinished, provided that, the incomplete or
unfinished articles has the essential character of the complete or finished
article. It shall also be taken to include a reference to that article
complete or finished (or falling to be classified as complete or finished by
virtue of this rule), presented unassembled or disassembled. Thus, when any
article such as CFL is imported in CKD/SKD condition, its classification for
purpose of assessment would be done as complete or finished article in terms
of the said Rule 2(a). Accordingly, when anti-dumping duty is attracted on
any article then it is also to be levied if the said article is imported in
CKD/SKD condition either together in one lot or in part shipments.
- All pending assessments, if any, may be finalized accordingly.
- Difficulty faced, if any, may be brought to notice of the Board.
Yours faithfully,
(G. S. Sinha)
OSD (Tariff Unit)
F.No.528/53/2007-Cus (TU)