Anti Dumping Duty on non-brass metal flashlights

TG Team 13 Feb 2003 373 Views 0 comment Print Custom Duty | Notifications, Notifications/Circulars

[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

13^th February, 2003

Notification No. 25/2003-Customs

WHEREAS in the matter of import of non-brass metal flashlights (hereinafter referred to as subject goods), classified under sub-heading 8513 10 of the First Schedule to the Customs Tariff Act, 1975, (51 of 1975), originating in or exported from Peoples Republic of China and imported into India, the designated authority vide its preliminary findings notification No.14/27/2002-DGAD, dated the 16^th January, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 17^th January, 2003, has come to the conclusion that –

(i)	Non brass metal flashlights have been exported to India from Peoples Republic of China below its normal value;
(ii)	The Indian industry has suffered material injury;
(iii)	The injury has been caused to the domestic industry by the dumped imports from Peoples Republic of China;

and has recommended imposition of provisional anti-dumping duty, pending final determination, on imports of subject goods, originating in, or exported from, Peoples Republic of 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 aforesaid 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 sub-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) , 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 at a rate which is equivalent to the difference between, the amount as specified in the corresponding entry in column (9), 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, and the landed value of such imported goods, exclusive of the value of batteries, if any, in like currency per like unit of measurement.

Table

S.No.	Sub-heading	Description of goods	Specification	Country of origin	Country of Export	Producer	Exporter	Amount	Unit of measurement	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	8513 10	Non-brass metal flashlights (in compact or SKD condition)	2 cell small, conforming to battery size AA,	Peoples Republic of China	Any country	Any producer	Any exporter	680	Thousand pieces	USD
2.	8513 10	Non-brass metal flashlights (in compact or SKD condition)	2 cell small, conforming to battery size AA,	Any country except Peoples Republic of China	Peoples Republic of China	Any producer	Any exporter	680	Thousand pieces	USD
3.	8513 10	Non-brass metal flashlights (in compact or SKD condition)	2 cell large, conforming to battery size D	Peoples Republic of China	Any country	Any producer	Any exporter	838	Thousand pieces	USD
4.	8513 10	Non-brass metal flashlights (in compact or SKD condition)	2 cell large, conforming to battery size D	Any country except Peoples Republic of China	Peoples Republic of China	Any producer	Any exporter	838	Thousand pieces	USD
5.	8513 10	Non-brass metal flashlights (in compact or SKD condition)	3 cell large, conforming to battery size D	Peoples Republic of China	Any country	Any producer	Any exporter	1608	Thousand pieces	USD
6.	8513 10	Non-brass metal flashlights (in compact or SKD condition)	3 cell large, conforming to battery size D	Any country except Peoples Republic of China	Peoples Republic of China	Any producer	Any exporter	1608	Thousand pieces	USD
7.	8513 10	Non-brass metal flashlights (in compact or SKD condition)	Other than those specified at S.No.1-6 above	Peoples Republic of China	Any country	Any producer	Any exporter	1608	Thousand pieces	USD
8.	8513 10	Non-brass metal flashlights (in compact or SKD condition)	Other than those specified at S.No.1-6 above	Any country except Peoples Republic of China	Peoples Republic of China	Any producer	Any exporter	1608	Thousand pieces	USD

2. The anti-dumping duty imposed under this notification shall be effective up to and inclusive of the 12^th day of August, 2003, 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) “USD” means US Dollar;

(c) 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 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.

Alok Shukla
Deputy Secretary to the Government of India

F.No.354/5/2003-TRU