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Circulars on Anti-dumping » Anti Dumping Duty on Import of Dry
Cell Batteries from China levied.Subject : Anti Dumping Duty
on Import of Dry Cell Batteries from China levied.
Circular no :Notification No. 14/2001-Customs
Date : 2/6/01
From : Customs
Import of Dry Cell Batteries from China - Anti-dumping duty levied
G.S.R. (E). - 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 -
(i) Dry Cell Batteries of Chinese origin have been exported to India
below their normal value;
(ii) the Indian industry has suffered material injury and is being
threatened with further injury;
(iii) 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 R6 (AA) size, both in paper and metal (both heavy
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, -
(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
Customs Tariff Act, 1975.
(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 powers under sub-clause (1) 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.
Sd/-
(Prashant Kumar Sinha)
Under Secretary to the Government of India
Issued by:
Government of India
Ministry of Finance
(Department of Revenue), New Delhi
F.No.354/14/2001-TRU
