GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 126 /2008-CUSTOMS
New Delhi, the 21st November, 2008.
30 Kartika, 1930 SAKA
G.S.R. (E).- Whereas, in the matter of import of Compact Fluorescent Lamps (CFL) with or without ballast or control gear or choke, whether or not assembled, either in completely knocked down or semi knocked down condition (hereinafter referred to as the subject goods), falling under heading 8539 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) originating in, or exported from China PR, Sri Lanka and Vietnam (hereinafter referred to as the subject countries), the designated authority, in its preliminary findings vide notification No. 14/1/2007-DGAD, dated the 12th March, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 12th March, 2008 has come to the conclusion that –
- the subject goods have been exported to India from the subject countries below its normal value;
- the domestic industry has suffered material injury;
- the injury has been caused by the dumped imports from the subject countries,
and has recommended imposition of provisional anti-dumping duty on all imports of the subject goods originating in or exported from the subject countries.
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 preliminary 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 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), 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 which shall be equal to the difference between the amount specified in the corresponding entry in column (9) and the landed value, 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.
Duty Table
| S.No |
Heading |
Description |
Specification and Sub specification |
Country Of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit of Measurement |
Currency |
| (1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
| 1. |
8539 |
Compact Fluorescent Lamps* |
Burner-Up to 10 watt |
China |
Any |
Any |
Any |
17.83 |
Per pc |
INR |
| 2. |
--do-- |
---do--- |
Burner-11 to 20 watt |
China |
Any |
Any |
Any |
19.56 |
Per pc |
INR |
| 3. |
--do-- |
---do--- |
Burner-21 to 26 watt |
China |
Any
|
Any |
Any |
20.92 |
Per pc |
INR |
| 4. |
--do-- |
---do--- |
Burner-Up to 10 watt |
Any other than subject countries |
China |
Any |
Any |
17.83 |
Per pc |
INR |
| 5. |
--do-- |
---do--- |
Burner-11 to 20 watt |
Any other than subject countries |
China |
Any |
Any |
19.56 |
Per pc |
INR |
| 6 |
--do-- |
---do--- |
Burner-11 to 20 watt |
Any other than subject countries |
China |
Any |
Any |
20.95 |
Per pc |
INR |
| 7 |
--do-- |
---do--- |
Finished lamp Without choke- 11 to 20 watt |
China |
China |
Philips & Yaming Lighting Co. Ltd. |
Philips & Yaming Lighting Co. Ltd. |
43.12 |
Per pc |
INR |
| 8. |
--do-- |
---do--- |
Finished lamp Without choke up to 26 watts |
China |
Any |
Any combination of producer and exporter other than at Sl no. 7 |
43.12 |
Per pc |
.INR |
| 9. |
--do-- |
---do--- |
Finished lamp With choke- up to 10 watt |
Any other than subject countries |
China |
Any |
Any |
43.12 |
Per pc |
INR |
| 10. |
--do-- |
---do--- |
Finished lamp With choke- up to 10 watt |
China |
China |
Philips & Yaming Lighting Co. Ltd. |
Philips & Yaming Lighting Co. Ltd. |
54.67 |
Per pc |
INR |
| 11. |
--do-- |
---do--- |
Finished lamp With choke- up to 10 watt |
China |
China |
Osram China Lighting Co. Ltd. |
Osram China Lighting Co. Ltd. |
58.07 |
Per pc |
INR |
| 12. |
--do-- |
---do--- |
Finished lamp With choke- up to 10 watt |
China |
Any |
Any combination of producer and exporter other than at Sl no. 10 and Sl no. 11 |
58.86 |
Per pc |
INR |
| 13. |
--do-- |
---do--- |
Finished lamp With choke- up to 10 watt |
Any other than subject countries |
China |
Any |
Any |
58.86 |
Per pc |
INR |
| 14. |
--do-- |
---do--- |
Finished lamp With choke- 11 to 20 watt |
China |
China |
Philips & Yaming Lighting Co. Ltd. |
Philips & Yaming Lighting Co. Ltd. |
61.17 |
Per pc |
INR |
| 15. |
--do-- |
---do--- |
Finished lamp With choke- 11 to 20 watt |
China |
China |
Osram China Lighting Co. Ltd |
Osram China Lighting Co. Ltd |
66.96 |
Per pc |
INR |
| 16. |
--do-- |
---do--- |
Finished lamp With choke- 11 to 20 watt |
China |
Any |
Any combination of producer and exporter other than at Sl no. 14 and Sl no. 15 |
66.96
|
Per pc |
INR |
| 17. |
--do-- |
---do--- |
Finished lamp With choke- 11 to 20 watt |
Any other than subject countries |
China |
Any |
Any |
66.96 |
Per pc |
INR |
| 18. |
--do-- |
---do--- |
Finished lamp With choke 21 to 26 watt |
China |
China |
Philips & Yaming Lighting Co. Ltd. |
Philips & Yaming Lighting Co. Ltd. |
88.52 |
Per pc |
INR |
| 19. |
--do-- |
---do--- |
Finished lamp With choke 21 to 26 watt |
China |
Any |
Any combination of producer and exporter other than at Sl no. 18 |
88.52 |
Per pc |
INR |
| 20. |
--do-- |
---do--- |
Finished lamp With choke 21 to 26 watt |
Any other than subject countries |
China |
Any |
Any |
88.52 |
Per pc |
INR |
| 21. |
--do-- |
---do--- |
Burners up to 26 watts |
Vietnam |
Vietnam |
Any |
Any |
19.15 |
Per pc |
INR |
| 22. |
--do-- |
---do--- |
Burners up to 26 watts |
Any other than subject countries |
Vietnam |
Any |
Any |
19.15 |
Per pc |
INR |
| 23. |
--do-- |
---do--- |
Finished lamp Without choke Up to 26 watt |
Vietnam |
Vietnam |
Any |
Any |
21.86 |
Per pc |
INR |
| 24. |
--do-- |
---do--- |
Finished lamp Without choke Up to 26 watt |
Any other than subject countries |
Vietnam |
Any |
Any |
21.86 |
Per pc |
INR |
| 25. |
--do-- |
---do--- |
Finished lamp Without choke Up to 26 watt |
Vietnam |
Vietnam |
Any |
Any |
72.16 |
Per pc |
INR |
| 26. |
--do-- |
---do--- |
Finished lamp Without choke Up to 26 watt |
Any other than subject countries |
Vietnam |
Any |
Any |
72.16
|
Per pc |
INR |
* Scope of the product subject to duty is Compact Fluorescent Lamps with or without ballast or control gear or choke, whether or not assembled, either in completely knocked down or semi knocked down conditions, including unassembled Compact Fluorescent Lamps without ballast or choke or control gear, sealed tubular shell with or without lamp base. Finished compact fluorescent lamps are:
- integrated type with built in ballast or control gears or choke and
- integrated type without built in control gears or ballast or choke.
Explanation: For the purpose of this notification, “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.
[F. No. 354/43/2008- TRU]
(Unmesh Wagh)
Under Secretary to the Government of India
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