[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
21st December, 2001
Notification No. 128/2001-Customs
Whereas in the matter of import of Compact Fluorescent Lamps, falling under sub-heading No. 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, has come to the conclusion that –
| (a) | the imports of Compact Fluorescent Lamps 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 China 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 has considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of the subject goods, originating in or exported from People’s Republic of China and Hong Kong;
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rule 13 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 country 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$.
TABLE
| SR. No. |
Name of the Country |
Name of the producer/ exporter |
Amount per unit in US$ |
|
|
Without choke |
With choke |
|||
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
1. |
People’s Republic of China | M/s Philip and Yaming Lighting Co. Ltd. |
1.426 |
3.115 |
| All other exporters |
1.426 |
3.115 |
||
|
2. |
Hong Kong | All other exporters |
1.426 |
— |
2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 20th day of June, 2002, 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 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.
F. No 354/205/2001-TRU
(Vivek Prasad)
Under Secretary to the Government of India
