Notification No. 55/2002, Dated 22nd May 2002

22^nd May , 2002

Notification No.55/2002-Customs

            WHEREAS in the matter of import of lead acid batteries, falling under heading No. 85.07 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Taiwan, Singapore 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 5^th April, 2002, has come to the conclusion that –

(i)         Lead acid batteries exported to India from Taiwan, Singapore and Hong Kong are below its normal value;

(ii)         the Indian industry has suffered material injury and is further being threatened with material injury;

(iii)         the injury has been caused by the dumped imports from Taiwan, Singapore and Hong Kong;

(iv)         the dumping margin for the export of industrial lead acid batteries manufactured by M/s Shenyang Matsushita Storage Battery Company and M/s BB Battery Company Limited of China, when exported by M/s Panasonic Industrial Asia Pte. Limited, Singapore and M/s National Trading Limited, Hong Kong respectively, and imported into India were in negative, and

has considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of lead acid batteries, originating in, or exported from, Taiwan, Singapore and Hong Kong and imported into India in order to remove the injury to the domestic industry, except the industrial lead acid batteries manufactured by M/s Shenyang Matsushita Storage Battery Company and M/s BB Battery Company Limited of China, when exported by M/s Panasonic Industrial Asia Pte. Limited, Singapore and M/s National Trading Limited, Hong Kong respectively, and imported into India;

            NOW, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act and 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 above findings of the designated authority, hereby imposes on lead acid batteries, falling under sub-heading No. 85.07 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the countries specified in column (1) of the Table hereto annexed, and imported into India, an anti-dumping duty at the rate equivalent to the difference between the amount mentioned in column (3) and landed value of import per kilogram of the battery of the type specified in column (2) of the said Table.

            Provided that anti-dumping duty shall not be imposed on industrial lead acid batteries manufactured by M/s Shenyang Matsushita Storage Battery Company and M/s BB Battery Company Limited of China, when exported by M/s Panasonic Industrial Asia Pte. Limited, Singapore and M/s National Trading Limited, Hong Kong respectively, and imported into India.

2.            The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 21st day of November, 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 powers 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. 354/52/2002-TRU