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OFFICE OF
THE COMMISSIONER OF CUSTOMS,
CUSTOM
HOUSE, 33, RAJAJI SALAI, CHENNAI – 600
001.
PUBLIC NOTICE NO. 69 /2002
Government of India, Ministry of
Finance, Department of Revenue, New Delhi Notification No.
128/2001-Customs vide F.NO.354/205/2001- TRU dated 21.12.2001 is
reproduced below for the guidance of Importers, Clearing Agents and Trading
Public.
C16/112/2001-AP (PORT) (S.
SANKARAVADIVELU)
Custom House, Chennai. Dy. COMMISSIONER OF CUSTOMS (APPG)
Dated: 25.02.2002
Notification
No. 128 /2001-Customs
Whereas in the matter of import of
Compact Fluorescent Lamps, falling under sub-heading No. 8539.31 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from People’s Republic of China and Hong Kong, and imported into
India, the designated authority vide its preliminary findings, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 2nd
November, 2001, has come to the conclusion that -
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(a) |
the imports of Compact
Fluorescent Lamps into India from People’s Republic of China and Hong Kong
have increased quite significantly both in absolute terms and relative to
consumption in India; |
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(b) |
the sale of domestic industry
has declined significantly; |
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(c) |
the domestic sale prices are
suffering from both price suppression and price depression due to dumped
imports from China People’s Republic of China and Hong Kong; |
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(d) |
the production has remained
more or less static during period of investigation; |
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(e) |
closing stocks has gone up by
around 145% during period of investigation over previous year; |
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(f) |
the capacity utilisation
during the period of investigation was as low as 20% (after taking into
account the increased capacity); |
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(g) |
the domestic industry has
suffered losses during the period of investigation; |
and has
considered it necessary to impose anti-dumping duty, provisionally, pending final
determination, on all imports of the subject goods, originating in or exported
from People’s Republic of China and Hong Kong;
Now,
therefore, in exercise of the powers conferred by sub-section (2) of section 9A
of the said Customs Tariff Act, read with rule 13 and rule 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 Compact Fluorescent Lamps falling under Chapter 85 of the
First Schedule to the said Customs Tariff Act, originating in or exported from
the country specified in column (2) of the Table annexed hereto, when exported
by exporter mentioned against the corresponding country in column (3) of the
said Table, and imported into India, an anti-dumping duty at the rate which is
equivalent to the difference between the amount mentioned in corresponding
entries in column (4) or column (5) of the said Table, and the landed value of
the imports per unit in US$.
TABLE
|
S. No. |
Name of
the Country |
Name of
the producer/ exporter |
Amount
per unit in US$ |
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Without
choke |
With
choke |
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
1. |
People’s Republic of China |
M/s Philip and Yaming Lighting
Co. Ltd. |
1.426 |
3.115 |
|
All other exporters |
1.426 |
3.115 |
||
|
2. |
Hong Kong |
All other exporters |
1.426 |
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2. The anti-dumping
duty imposed under this notification shall be effective upto and inclusive of
the 20th day of June, 2002, and shall be payable 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 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 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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