Notification No. 7/2006, Dated 13th Feb 2006

13^th February, 2006.

Notification No. 7/2006 - 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, the People’s Republic of China (China PR) and Hong Kong and imported into India, the designated authority vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14th November, 2002, had come to the conclusion that –

(a)    CFL originating in, or exported from, the 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 CFL from the People’s Republic of China and Hong Kong;

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

(d)        in case of exports of CFL with choke by M/s Phillips & 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 had proposed imposition of anti-dumping duty, on all imports of CFL, originating in, or exported from, the People’s Republic of China and Hong Kong, except exports of CFL, with or without choke,  by M/s Phillips & Yaming, People’s Republic of China.

And whereas on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on CFL originating in, or exported from, People’s Republic of China and Hong Kong and imported into India vide notification of the Government of India in the Ministry of Finance and Company Affairs (Department of Revenue), No. 138/2002-Customs, dated the 10th December, 2002, published in Part II, Section 3, Sub-Section (i) of the Gazette of India, Extraordinary, dated the 10th December, 2002 [G.S.R. 813(E), dated the 10th December, 2002];

And whereas M/s Osram China Lighting Limited, the People’s Republic of China have requested for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 in respect of exports made by them, and the designated authority, vide new shipper review notification No. 15/27/2004-DGAD dated the 15th February, 2005 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 15th February, 2005 has recommended provisional assessment of all exports of CFL made by the said M/s Osram China Lighting Limited, the People’s Republic of China till the completion of the said review;

Now, therefore, in exercise of the powers conferred by sub-rule (2) of rule 22 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, after considering the aforesaid recommendation of the designated authority, hereby orders that pending the outcome of the said review by the designated authority, export of compact fluorescent lamps (hereinafter referred to as CFL), falling under sub-heading 8539 31 of the First Schedule to the said Customs Tariff Act, by M/s Osram China Lighting Limited, the People’s Republic of China, when imported into India, shall be subjected to provisional assessment till the review  is completed.

2.         The provisional assessment may be subject to such security or guarantee as the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, deems fit for payment of the deficiency, if any, in case a definitive anti dumping duty is imposed retrospectively, on completion of investigation by the designated authority.

3.         In case of recommendation of anti-dumping duty after completion of the said review by the designated authority, the importer shall be liable to pay the amount of such anti-dumping duty recommended on review and imposed on all imports of compact fluorescent lamps into India, exported by M/s Osram China Lighting Limited, the People’s Republic of China, when imported into India, from the date of initiation of the said review.

[F. No. 354/ 204/2001-TRU]