GOVERNMENT OF INDIA
MINISTRY OF FINANCE DEPARTMENT OF REVENUE
New Delhi, the 13th April, 2007
23 Chaitra, 1929 (Saka)
Notification No. 57/2007-Customs
G.S.R. (E). – Whereas, the designated authority had initiated a sunset review in
the matter of continuation of final anti-dumping duty on dry cell batteries
[hereinafter referred to as the subject goods], falling under heading 8506 of
the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in,
or exported from, the People’s Republic of China (hereinafter referred to as the
subject country), imposed vide notification of the Government of India in the
Ministry of Finance (Department of Revenue), No.84/2001-Customs, dated the 2nd
August, 2001 [GSR 570(E), dated the 2nd August, 2001 ] and had requested for
continuation of anti-dumping duty for an additional period of one year, pending
the completion of the review
And whereas, the Central Government had extended the anti-dumping duty on the
subject goods originating in, or exported from, the subject country vide
notification of the Government of India in the Ministry of Finance (Department
of Revenue), No. 8/2006-Customs dated the 16th February, 2006 [G.S.R. 67(E),
dated the 16th February, 2006], up to and inclusive of 5th day of February, 2007
And whereas, in the matter of sunset review of anti-dumping duty on imports of
the subject goods, originating in, or exported from the subject country, the
designated authority vide its final findings, No. 53/1/2000-DGAD dated the 31st
January, 2007, published in the Gazette of India, Extraordinary, Part I, Section
1, dated the 31st January, 2007, has come to the conclusion that
- the subject goods are entering the Indian market at dumped prices and
dumping margin from subject country is significant and above de-minimis
- even though the domestic industry has improved its
performance over the injury period, the injury to domestic industry is
likely to continue or recur
- the situation of the domestic industry has improved due to anti-dumping duty
in place, there is likelihood of continuation or recurrence of dumping and
injury on account of imports from subject country if the duties are revoked, the
authority is of the opinion that continuation of the measure is necessary
against import from subject country;
and has recommended that definitive anti-dumping duties be imposed by the
Central Government on all imports of subject goods falling under heading 8506 of
Customs Tariff originating in, or exported from, subject country;
And whereas, the designated authority has amended para 77 of its final
findings vide notification No. 53/1/2000-DGAD dated the 29th March, 2007
replacing the unit of measurement of subject goods from “per MT” to “per 1000
pieces”.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5)
of section 9A of the Customs Tariff Act, 1975 read with rules 18 and 23 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 final findings of the designated
authority, read with the amendment dated the 29th March, 2007, hereby imposes on
the subject 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) of the said Table, originating
in the countries as specified in the corresponding entry in column (5), exported
from the country as specified in the corresponding entry in column (6), and
produced by the producers as specified in the corresponding entry in column (7),
exported by the exporters as specified in the corresponding entry in column (8),
imported into India, an anti-dumping duty which shall be equal to difference
between the amount mentioned in the corresponding entry in column (9) in the
currency as specified in the corresponding entry in column (11) and as 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 in like currency and
like unit of measurement.
Table
| Sl.No. |
Heading |
Description of goods |
Specification |
Country of Origin |
Country of Export |
Producer |
Exporter |
Amount (US $) |
Unit of measurement |
Currency |
| (1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
| 1 |
8506 |
Dry Cell Batteries |
Zinc Carbon Pencil batteries, R6, AA, UM3, etc |
China |
China |
Any producer |
Any exporter |
54.59 |
1000 pieces |
USD |
| 2 |
8506 |
Dry Cell Batteries |
Zinc Carbon Pencil batteries, R6, AA, UM3, etc |
Any country other than China |
China |
Any producer |
Any exporter |
54.59 |
1000 pieces |
USD |
| 3 |
8506 |
Dry Cell Batteries |
Zinc Carbon Pencil batteries, R6, AA, UM3, etc |
China |
Any country other than China |
Any producer |
Any exporter |
54.59 |
1000 pieces |
USD |
This notification shall be effective for a period of five years (unless
revoked, superseded or amended earlier) and the anti-dumping duty shall be paid
in Indian Currency.
Explanation. - For the purposes 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;
- rate of exchange applicable for the purposes of calculation of such
anti-dumping duty shall be the rate which is specified in the notification,
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.
[F.No.354/14/2001-TRU (Pt-II)]
(S.Bajaj)
Under Secretary to the Government of India