CUS NTF NO. 06/2005 DATE 27/01/2005

Rescind the Ntf. No. 63/2003-Cus, Dt. 02/04/2003
G.S.R. (E).-Whereas, the designated authority, in the matter of import of lead acid batteries and falling under heading 8507 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the subject goods) originating in or exported from Chinese Taipei, Hong Kong and Singapore, (hereinafter referred to as the subject countries) and imported into India, the designated authority vide its final findings, Notification No.59/1/2001-DGAD, dated the 31st January, 2003 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31st January, 2003, had come to the conclusion that –

(i) the subject goods had been exported to India from the subject countries below their normal value;

(ii) the Indian industry had suffered material injury and was facing threat of further injury;

(iii) the injury had been caused cumulatively by the dumped imports from the subject countries;

and had considered it necessary to impose anti-dumping duty, on all imports of the subject goods, originating in, or exported from the subject countries, and imported into India;

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 erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No. 63/2003-Customs, dated the 2nd April, 2003 published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 2nd April, 2003 [G.S.R. 297(E), dated the 2nd April, 2003];

And whereas, the designated authority, vide notification No. 15/11/2004-DGAD, dated the 27th April, 2004, has initiated review in the matter of continuation of anti-dumping duty on the subject goods imposed vide notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No. 63/2003-Customs, dated the 2nd April, 2003;

And whereas, the designated authority vide its final mid-term review findings notification No. 15/11/2004-DGAD, dated the 7th December, 2004 published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 8th December, 2004, in its review proceedings has concluded that-

(i) the subject goods originating in, or exported from the subject countries have been exported to India above normal value, resulting in no dumping;

(ii) the landed value of the subject goods is above the net sales realization and non-injurious price determined for the domestic industry, and therefore, domestic industry has not suffered material injury due to imports;

(iii) discontinuation of anti-dumping duties on the subject goods from subject countries is not likely to lead to the recurrence of injury to the domestic industry;

and has recommended discontinuation of the anti-dumping duties recommended earlier on all imports of the subject goods originating in, or exported from the subject countries;

Now, therefore, in exercise of powers conferred by sub-sections (1) and (5) of section 9A of the said Customs Tariff Act, read with 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 hereby rescinds the notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No. 63/2003-Customs dated the 2nd April 2003, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 2nd April 2003, vide number G.S.R. 297(E), dated the 2nd April 2003, except as respects things done or omitted to be done before such rescission.

[F.No. 354/52/2002-TRU]

(V. Sivasubramanian)
Deputy Secretary to the Government of India

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