[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
9th April, 2001
Notification No. 41/2001-Customs
WHEREAS in the matter of import of lead acid batteries, falling under heading No. 85.07 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from the People’s Republic of China, Republic of Korea, Japan and Bangladesh and imported into India, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 21st March, 2001, has come to the conclusion that –
1. Lead Acid Batteries exported to India from China, Korea and Japan are below its normal value;
2. the Indian industry has suffered material injury and is further being threatened with material injury;
3. the injury has been caused by the dumped imports from China, Korea and Japan;
4. as per evidence available before the Authority at present volume of imports of subject goods from Bangladesh is de-minimis,
5. and has considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of lead acid batteries, originating in or exported from China, Korea and Japan and imported into India;
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 lead acid batteries, falling under sub-heading No. 85.07 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the countries specified in column (1) of the Table
hereto annexed, and imported into India, an anti-dumping duty at the rate equivalent to the difference between the amount mentioned in column (3) and landed value of import per kilogram of the battery of the type specified in column (2) of the said Table.
|Name of the country||
Type of battery
in US $ per kg
|People’s Republic of China||
|Republic of Korea||
2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 8th day of October, 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 said Customs Tariff Act.
(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.
(PRASHANT KUMAR SINHA)
Under Secretary to the Government of India
F. No. 354/41/2001-TRU