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

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

 Notification No.  55/2009-Customs

 New Delhi, the 26th May, 2009

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 had come to the conclusion that –

(a) the subject goods had been exported to India from the subject countries below their normal value;

(b)the domestic industry had suffered material injury;

(c)  injury had been caused by the dumped imports from the subject countries,

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods vide notification No. 126/2008Customs, dated the 21st November, 2008, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R. 815(E), dated the 21st November, 2008;

And whereas, the designated authority, in its final findings vide notification No. F. No. 14/1/2007-DGAD, dated the 27th February, 2009, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 27th February, 2009, has come to the conclusion that –

a)    imports originating in China PR and Vietnam are taking place at dumped prices and the same have caused material injury to the domestic industry;

b)      subject goods exported from the subject countries are at prices below their normal values, non injurious price of the domestic industry and the net sales realization of the subject goods;

c)   significant price undercutting and substantial increase in the volume of dumped imports adversely affected the performance of the domestic industry in terms of profits, cash flow, return on investment etc; and

d)    significant increase in volume of dumped imports from the subject country has resulted in decline in market share of the domestic industry; and has recommended to impose definitive anti-dumping duties 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-sections (1) and (5) of section 9A of the said Customs Tariff Act, read with rules 18 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 final 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.

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) (11)
1. 8539 Compact Fluorescent Lamps* Burner-Up   to   10 watt China PR China PR Foshan Electrical and Lighting Co. Ltd. Foshan Electrical and Lighting Co. Ltd. 0.364 Per pc USD
2. -do- -do- Burner-11  to   20 watt China PR China PR Foshan Electrical and Lighting Co. Ltd. Foshan Electrical and Lighting Co. Ltd. 0.397 Per pc  

 

 

USD

3. -do- -do- Burner-21    to  26 watt China PR China PR Foshan Electrical and Lighting Co. Ltd. Foshan Electrical and Lighting Co. Ltd. 0.449 Per pc  

 

 

USD

4. -do- -do- Burner-Up   to   10 watt China PR Any Any combination of producer and exporter other than at Sl. no.1 0.389 Per pc  

 

USD

5. -do- -do- Burner-11  to   20 watt China PR Any Any combination of producer and exporter other than at Sl. no.2 0.457 Per pc  

 

USD

6. -do- -do- Burner-21    to  26 watt China PR Any Any combination of producer and exporter other than at Sl. no.3 0.500 Per pc  

 

USD

7. -do- -do- Burner-Up   to   10 watt Any other than subject

countries

China PR Any Any 0.389  

Per pc

 

 

USD

8. -do- -do- Burner-11  to   20 watt Any other than subject

countries

China PR Any Any  

0.457

 

Per pc

 

USD

9. -do- -do- Burner-21    to  26 watt Any other than subject

countries

China PR Any Any 0.500  

Per pc

 

 

USD

10. -do- -do- Finished lamp  Without choke 11 to  20 watt China PR China PR Philips & Yaming Lighting Co. Ltd. Philips & Yaming Lighting Co. Ltd. 0.992 Per pc  

 

USD

11. -do- -do- Finished lamp  Without choke 11 to  20 watt China PR China PR Any combination of producer and exporter other than at Sl. no. 10 1.068 Per pc  

 

USD

12. -do- -do~ Finished lamp  Without choke 21 to  26 watt China PR China PR Philips & Yaming Lighting Co. Ltd. Philips & Yaming Lighting Co. Ltd. 1.622 Per pc USD
13. -do- -do- Finished lamp  Without choke 21 to  26 watt China PR China PR Any combination of producer and exporter other than at Sl. no. 12

 

1.658 Per pc  

 

USD

14. -do- -do- Finished lamp  Without choke- 11 to 20 watts China PR Any Any combination of producer and exporter other than at Sl. no. 10 1.068 Per pc  

 

USD

15. -do- -do- Finished lamp  Without choke- 21 to 26 watts China PR Any Any combination of producer and exporter other than at Sl. no. 12

 

1.658 Per pc  

 

USD

16. -do- -do- Finished lamp  Without choke- 11 up to 20 watts Any other than subject

countries

China PR Any Any 1.068 Per pc  

 

USD

17. -do- -do- Finished lamp  Without choke- 21 up to  26 watt Any other than subject

countries

China PR Any Any 1.658 Per pc  

 

USD

18. -do- -do- Finished lamp  With choke- up   to  10 watt China PR China PR Philips & Yaming Lighting Co. Ltd. Philips & Yaming Lighting Co. Ltd. 1.063 Per pc  

 

USD

19. -do- -do- Finished lamp  With choke- up   to  10 watt China PR China PR Osram China Lighting Co. Ltd. Osram China Lighting Co. Ltd. 1.131 Per pc  

 

USD

20. -do- -do- Finished lamp  With choke- up   to  10 watt China PR Any

 

Any combination of producer and exporter other than at Sl. no. 18 and Sl. no.19 1.501 Per pc

 

 

 

USD

21. -do- -do- Finished lamp  With choke- up   to  10 watt Any other than subject

countries

China PR Any Any 1.501 Per pc  

USD

22. -do- -do- Finished lamp  With choke- 11 to 20 watt China PR China PR Philips & Yaming Lighting Co. Ltd. Philips & Yaming Lighting Co. Ltd. 1.251 Per pc  

USD

23. -do- -do- Finished lamp  With choke- 11 to 20 watt China PR China PR Osram China Lighting Co. Ltd. Osram China Lighting Co. Ltd. 1.316 Per pc  

USD

24. -do- -do- Finished lamp  With choke- 11 to 20 watt China PR Any

 

Any combination of producer and exporter other than at Sl. no. 22 and Sl. no.23 1.628 Per pc  

 

 

USD

25. -do- -do- Finished lamp  With choke- 11 to 20 watt Any other than subject

countries

China PR Any Any 1.628 Per pc  

USD

26. -do- -do- Finished lamp  With choke- 21 to 26 watts China PR China PR Philips & Yaming Lighting Co. Ltd. Philips & Yaming Lighting Co. Ltd. 1.880 Per pc  

USD

27. -do- -do- Finished lamp  With choke- 21 to 26 watts China PR Any

 

Any combination of producer and exporter other than at Sl. no. 26 1.908 Per pc  

 

USD

28. -do- -do- Finished lamp  With choke- 21 to 26 watts Any other than subject

countries

China PR Any Any 1.908 Per pc  

 

USD

29. -do- -do- Burners up to 26 watts Vietnam Any Any Any 0.452 Per pc  

 

USD

30. -do- -do- Burners up to 26 watts Any other than subject

countries

Vietnam Any Any 0.452 Per pc  

 

USD

31. -do- -do- Finished lamp  Without choke Up to  26 watt Vietnam Any Any Any                                         0.479

 

Per pc  

 

USD

32. -do- -do- Finished lamp  Without choke Up to  26 watt Any other than subject

countries

Vietnam Any Any 0.479 Per pc  

 

USD

33. -do- -do- Finished lamp  With choke Up to  26 watt Vietnam Any Any Any 1.582 Per pc  

 

USD

34. -do- -do- Finished lamp  With choke Up to  26 watt Any other than subject

countries

Vietnam Any Any 1.582 Per pc  

 

USD

Explanation. – For the purposes of this notification, –

(a)    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:

(i)  integrated type with built in ballast or control gears or choke and

(ii)  integrated type without built in control gears or ballast or choke.

(b) “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, 8B, 9 and 9A of the said Customs Tariff Act.

(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 section 14 of the Customs Act, 1962 (52 of 1962) 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.

(d)    the anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, that is, 21st November, 2008, and shall be payable in Indian currency.

 [F. No: 354/43/2008- TRU]

(Unmesh Wagh)

Under Secretary to the Government of India

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