Notification No. 1/2002, Dated 2nd Jan 2002

2^nd January, 2002

Notification No. 1 / 2002-Customs

            WHEREAS in the matter of import of lead acid batteries, falling under heading 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, had come to the conclusion that-

(a)	Lead Acid Batteries have been exported to India from China, Korea and Japan below their normal value;
(b)	the Indian industry has suffered material injury and is further being threatened with material injury;
(c)	the injury has been caused by the dumped imports from China, Korea and Japan;
(d)	as per evidence available before the said authority at present volume of imports of subject goods from Bangladesh is de-minimis;

            AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 41/2001-Customs, dated the 9^th April, 2001, [G.S.R. 254 (E), dated the 9^th April, 2001] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 9^th April, 2001;

            AND WHEREAS M/s Daewoo International Corporation, Republic of Korea who are exporting the subject goods manufactured by M/s Delkor Corporation, Korea, have given an undertaking under rule 15 of Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2^nd November, 2001, read with Corrigendum published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3^rd December, 2001, not to export Maintenance Free Lead Acid Automotive Batteries of the model No. mentioned in column (2) of the Table I annexed hereto, of description mentioned in corresponding entry in column (3) of the said Table I, the "landed value" of which is mentioned in corresponding entry in column (4) of the said Table I;

Table I

NOW, THEREFORE, in exercise of the powers conferred by sub-section (1), read with sub-section (5), of section 9A of the said Customs Tariff Act, and 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 anti-dumping duty on all imports of lead acid batteries falling under heading 85.07 of the Customs Tariff Act, originating in or exported from the country specified in column (2) of the Table II annexed hereto, and type of battery specified in Column (3) of the said Table II, when exported by the exporter or manufacturer mentioned in column (4) of the said Table II, equivalent to the difference between the amount mentioned in Column (5) of the said Table II and the landed value of import per Kg of the lead acid battery.

Table II

Provided that no anti-dumping duty shall be imposed on the Maintenance Free Lead Acid Automotive Batteries of the model No. mentioned in column (2) of the said Table I, of description mentioned in corresponding entry in column (3) of the said Table I, when exported by M/s Daewoo International Corporation, Republic of Korea and imported into India on or after the date of this notification, if the landed value, per unit, of such Maintenance Free Lead Acid Automotive Batteries is equal to or higher than the price undertaking mentioned in corresponding entry in column (4) of the said Table I submitted by the said M/s Daewoo International Corporation, Republic of Korea.

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of the imposition of the provisional duty, i.e. the 9^th April, 2001, and shall be paid 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 the 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. 354/200/2001-TRU