Notification No.14/2001-Customs, 6 th February, 2001

(This Ntf.has been rescinded vide Cus Ntf.No.85/2001 dt.2/08/2001)

     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 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, has come to the conclusion that –

1. Dry Cell Batteries of Chinese origin have been exported to India below their normal value;
   
   
2. the Indian industry has suffered material injury and is being threatened with further injury;
   
   
3. the injury has been caused by the dumped imports from China;

and has 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;

NOW, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, 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 primary pencil cells and primary batteries of R 6 (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 said Customs Tariff Act, originating in or exported from People’s Republic of China and imported into India, an anti-dumping duty at the rate which is equivalent to the difference between US$ 75.25 per 1000 pieces of the said primary pencil cells and primary batteries and landed value of import per 1000 pieces for all exporters / manufacturers from People’s Republic of China.

2.    The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 5th day of August, 2001, and shall be payable in Indian currency.

Explanation.- For the purposes of this notification,-

1. "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 Customs Tariff Act, 1975.
   
   
2. "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.

(PRASHANT KUMAR SINHA)
Under Secretary to the Government of India

F. No. 354/14/2001-TRU

(Final Anti-dumping duty falling under sub-heading No. 8506.10 vide Cus Ntf.No.84/2001 dt.2/08/2001)

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