Cus Ntf No.84/2001 Date 2/08/2001
Anti-dumping duty of import of primary pencil cells and primary batteries of R6 (AA) size, both in paper and metal (both heavy duty and super heavy duty) jacketed form, excluding rechargeable batteries, falling under sub-heading No. 8506.10

WHEREAS in the matter of import of primary pencil cells and primary batteries of R6 (AA) size, both in paper and metal (both heavy duty and super heavy duty) jacketed form, excluding rechargeable batteries, falling under sub-heading No. 8506.10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th January, 2001, had come to the conclusion that-

(a) Dry Cell Batteries of Chinese origin have been exported to India below their normal value;

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

(c) the injury has been caused by the dumped imports from China,

and had considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of primary pencil cells and primary batteries of R6 (AA) size, both in paper and metal (both heavy duty and super heavy duty) jacketed form, excluding rechargeable batteries, originating in or exported from China;

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. 14/2001-Customs, dated the 6th February, 2001, [G.S.R. 70 (E) dated the 6th February, 2001] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 6th February, 2001;

And Whereas the designated authority vide its final findings, dated the 13th July, 2001, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13th July, 2001, has come to the conclusion that -

(a) Dry cell batteries of Chinese origin have been exported to India below their normal value;

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

(c) the injury has been caused by the dumped imports from China;

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 on dry batteries, that is, primary pencil cells and batteries, both in paper and metal (both heavy duty and super heavy duty) jacketed form, which are technically and commercially described as R6, AA or UM3, excluding rechargeable batteries and alkaline batteries, falling under sub-heading No. 8506.10 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the People’s Republic of China and imported into India, an anti-dumping duty at the rate which is equivalent to the difference between the amount equivalent to US$ 74.75 per 1000 pieces and the landed value of import per 1000 pieces.

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 6th February, 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.

G.D.Lohani
Under Secretary to the Government of India

F. No. 354/128/2001-TRU

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