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OFFICE
OF THE COMMISSIONER OF CUSTOMS, |
PUBLIC
NOTICE NO. 282 /2001
Government of India, Ministry of
Finance, Department of Revenue, New Delhi, Notification No.84/2001-CUS. vide F.No.354/128/2001-TRU
dated 02.08.2001, is reproduced below for the guidance of the importers,
clearing agents and trading public.
Sd/-
C16/6/2001-AP (PORT)
(S. SANKARAVADIVELU)
CUSTOM HOUSE, CHENNAI-1. Dy. COMMISSIONER OF CUSTOMS
(APPG)
DATE: 07.11.2001
Notification No. 84 /2001-Customs
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 –
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(a) |
Dry Cell Batteries of Chinese origin have been exported to
India below their normal value; |
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(b) |
the Indian industry has suffered material injury and is
being threatened with further injury; |
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(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.
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