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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

10th  December, 2002

Notification No. 138/2002-Customs

Whereas  in the matter of import of Compact Fluorescent Lamps (hereinafter referred to as CFL), falling under sub-heading 8539.31 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from People’s Republic of China and Hong Kong, and imported into India, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2nd November, 2001,  had come to the conclusion that –

(a)    the imports of CFL into India from  People’s Republic of China and Hong Kong have increased quite significantly both in absolute terms and relative to consumption in India;

(b)   the sale of domestic industry has declined significantly;

(c)   the domestic sale prices are suffering from both price suppression and price depression due to dumped imports from  People’s Republic of China and Hong Kong;

(d)   the production has remained more or less static during period of investigation;

(e)    closing stocks has gone up by around 145% during period of investigation over previous year;

(f)    the capacity utilisation during the period of investigation was as low as 20% (after taking into account the increased capacity);

(g)   the domestic industry has suffered losses during the period of investigation,

and had considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of CFL,  originating in or exported  from  People’s Republic of China and Hong Kong;

 AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central Government had imposed provisionally an anti-dumping duty vide notification No. 128/2001-Customs, dated the 21st December, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 21st December, 2001 vide No. G.S.R. 916 (E), dated the 21st December, 2001;

AND WHEREAS the Designated Authority, vide its final findings, published in the Gazette of India, Extraordinary, Part I, section 1, dated the 14th November, 2002 has come to the conclusion that-

(a)    CFL originating in or exported from People’s Republic of China and Hong Kong have been exported to India below normal value, resulting in dumping;

(b)   the Indian industry has suffered material injury from exports of subject goods from People’s Republic of China and Hong Kong;

(c)   the injury has been caused cumulatively by the dumped imports from People’s Republic of China and Hong Kong;

(d)   in case of exports of CFL with choke by M/s Philips & Yaming, People’s Republic of China, causal link could not be established, as the landed value of such exports was more than the non-injurious price,

and has proposed to impose definitive anti-dumping duty, on all imports of CFL, except the exports of CFL, both with and without choke, by  M/s Philips & Yaming, People’s Republic of China, originating in, or exported from, People’s Republic of China and Hong Kong;

Now, therefore, in exercise of the powers conferred by sub-section (1) and (5) of Section 9A of the said Customs Tariff Act, read with rule 18 and rule 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 Compact Fluorescent Lamps falling under Chapter 85 of the First Schedule to the said Customs Tariff Act, originating in or exported from the country specified in column (2) of the Table annexed hereto, when exported by exporter mentioned against the corresponding entry in column (3) of the said Table, and imported into India, an anti-dumping duty at the  rate which is equivalent to the  difference between the amount mentioned in corresponding entries in column (4) or column (5) of the said Table, and the landed value of the imports  per unit in US$.

Table

Sr. No.

Country

Name of the producer/ exporter

Amount per unit in US$

Without choke

With choke

(1)

(2)

(3)

(4)

(5)

1.

Peoples Republic of China

M/s Philip & Yaming  Lighting Co. Ltd.

 Not applicable

 Not applicable

M/s Hangzhou Feihua Lighting & Electrical Appliance Co. Ltd (Through M/s CMEC Engineering Machinery Import & Export Co. Ltd)

1.256

1.845

All other exporters

1.256

3.125

2.

Hong Kong

All    exporters

1.256

3.125

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the anti-dumping duty, i.e. the 21st December, 2001 and shall be payable in Indian currency;

Provided that in the case of export of CFL with choke, originating in, or exported from Hong Kong, the anti-dumping duty imposed under this notification shall be effective from the date of issue of this notification in the Official Gazette.

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 the powers conferred 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.

Vivek Prasad
Under Secretary to the Government of India

 F. No 354/205/2001-TRU

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