CUS NTF NO. 78/2004 DATE 26/07/2004
Import into India of lead acid batteries falling under heading 8507
Whereas, in the matter of import into India of lead acid batteries falling under heading 8507 of the First Schedule to the Customs Tariff Act, 1975(51 of 1975), originating in, or exported from, Peoplešs Republic of China, Republic of Korea, Japan, and Bangladesh and imported into India, the designated authority vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th December, 2001, had come to the conclusion that-
(a) Lead Acid Batteries had been exported to India from China, Korea, Japan and Bangladesh below their normal value;
(b) the Indian industry had suffered material injury and was being further threatened with material injury;
(c) the injury had been caused by the dumped imports from China, Korea, Japan and Bangladesh;
And whereas on the basis of aforesaid final findings of the designated authority, the Central Government had imposed final anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue)
No. 1/2002-Customs dated the 2nd January, 2002 published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 2nd January, 2002 [G.S.R. 3(E), dated the 2nd January, 2002];
And whereas on the basis of a request made by M/s Yuasa Battery (Guangdong) Co. Ltd. Peoplešs Republic of China and M/s CSB Battery Guangzhou Co. Ltd., Peoplešs Republic of China 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 the designated authority, vide notifications No.14/30/2002-DGAD and No.14/26/2002-DGAD, dated the 27th August, 2002 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th August, 2002, has recommended provisional assessment of all exports of the said lead acid batteries made by the said M/s Yuasa Battery (Guangdong) Co. Ltd. Peoplešs Republic of China and M/s CSB Battery Guangzhou Co. Ltd., Peoplešs Republic of China till the completion of the review by it;
And whereas on the basis of aforesaid recommendation of the designated authority, the Central Government has ordered that, pending the outcome of the said review by the designated authority, lead acid batteries falling under heading 8507 of the First Schedule to the said Customs Tariff Act exported by M/s Yuasa Battery (Guangdong) Co. Ltd., Peoplešs Republic of China and M/s CSB Battery Guangzhou Co. Ltd., Peoplešs Republic of China, when imported into India, shall be subjected to provisional assessment during the period of investigation beginning with the 1st September, 2002 and ending with the 28th February, 2003 vide
notification No. 110/2002-Customs, dated the 10th October, 2002, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 10th October, 2002 [G.S.R. 696(E), dated the 10 th October, 2002]
And whereas the designated authority vide its final findings in the new shipper review dated the 20th April, 2004 and 27th April, 2004, respectively has come to the conclusion that-
(i) lead acid batteries exported to India from M/s CSB China PR is below its normal value during the period of investigation;
(ii) imposition of anti-dumping duty on all imports of lead acid batteries exported or manufactured and exported by M/s CSB Battery Guangzhou Co., Ltd. China and exported by M/s CSB, Singapore equal to the difference between US$ 1.956 and the landed valueš per kg. of the lead acid battery from the date of the notification ordering provisional assessment of lead acid batteries exported by M/s CSB Battery Guangzhou Co. Ltd., China and M/s Yuasa Battery Guangdong Co. Ltd., China, when imported into India, that is dated the 10th October, 2002;
(iii) lead acid batteries exported to India, produced by M/s Yuasa Battery Guangdong Co. Ltd., China PR and exported from M/s Yuasa Corporation, Japan is above its normal value during the period of investigation and dumping margin is de-minimis;
(iv) no anti-dumping measures on imports of lead acid batteries exported by M/s Yuasa Battery Guangdong Co. Ltd., China PR and M/s Yuasa Corporation, Japan, if produced by M/s Yuasa Battery Guangdong Co. Ltd., China PR as the dumping margin is de-minimis;
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 read with rules 18, 20 and 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, on the basis of the aforesaid final findings of the designated authority hereby makes the following further amendments in the notification No. 1/2002-Customs, dated the 2nd January, 2002, published in the Gazette of India, Extraordinary, Section 3, Sub-section (i) vide No. 3(E), dated 2nd January, 2002, namely:-
In the said notification,-
(i) in Table II, for S.No.1 and entries relating thereto, the following shall be substituted, namely:-
| S.No. | Name of the Country | Type of battery | Exporter / manufacturer | Amount
(US$ per kg) |
|---|
| (1) | (2) | (3) | (4) | (5) |
| 1. | People's Republic of China | (a) Industrial | 1. M/s CSB Battery Guangzhou Co., Ltd. China, manufacturer, and M/s CSB Battery Guangzhou Co., Ltd. China or M/s CSB, Singapore, exporter | 1.956 |
| All other exporters / manufacturers | 3.192 |
| (b) Automotive | (i)NMF | All exporters | 2.532 |
| (ii)MF | All exporters | 2.121 |
| (iii)Motorcycle | All exporters | 3.930. |
(ii) after the first proviso, the following proviso shall be inserted, namely:-
'Provided further that no anti-dumping duty shall be imposed on Industrial Lead Acid Batteries exported by Yuasa Battery Guangdong Co. Ltd., China PR or M/s Yuasa Corporation, Japan if produced by M/s Yuasa Battery Guangdong Co. Ltd., China PR'
2. The amendments under this notification shall be effective from the date of issue of the notification ordering provisional assessment, that is, the 10th October, 2002.
F. No. 354/ 183/ 2002-TRU( V. Sivasubramanian)
DEPUTY SECRETARY TO THE GOVERNMENT OF INDIA
Presented by eximkey.com