(This Notification has been rescinded vide
CUS NTF NO. 126/2003 DATE 13/08/2003)
CUS NTF NO. 25/2003 DATE 13/02/2003
Anti Dumping Duty on non-brass metal flashlights classified under sub-heading
8513.10
G.S.R. (E).- WHEREAS in the matter of import of non-brass metal
flashlights (hereinafter referred to as subject goods), classified under sub-heading
8513 10 of the First Schedule to the Customs Tariff Act, 1975, (51 of 1975),
originating in or exported from Peoples Republic of China and imported into India, the
designated authority vide its preliminary findings notification No.14/27/2002-DGAD,
dated the 16th January, 2003, published in the Gazette of India, Extraordinary, Part
I, Section 1, dated the 17th January, 2003, has come to the conclusion that
–
(i) Non brass metal flashlights have been exported to India from Peoples
Republic of China below its normal value;
(ii) The Indian industry has suffered material injury;
(iii) The injury has been caused to the domestic industry by the dumped
imports from Peoples Republic of China;
and has recommended imposition of provisional anti-dumping duty, pending final
determination, on imports of subject goods, originating in, or exported from, Peoples
Republic of 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 aforesaid findings of the designated authority, hereby imposes on
the goods, the description of which is specified in column (3) of the Table below,
falling under sub-heading of the First Schedule to the said Customs Tariff Act as
specified in the corresponding entry in column (2), the specification of which is
specified in column (4) of the said Table, originating in the countries as specified in
the corresponding entry in column (5) , and produced by the producers as specified
in the corresponding entry in column (7), when exported from the countries as
specified in the corresponding entry in column (6), by the exporters as specified in
the corresponding entry in column (8), and imported into India, an anti-dumping
duty at a rate which is equivalent to the difference between, the amount as
specified in the corresponding entry in column (9), in the currency as specified in
the corresponding entry in column (11) and per unit of measurement as specified in
the corresponding entry in column (10), of the said Table, and the landed value of
such imported goods, exclusive of the value of batteries, if any, in like currency per
like unit of measurement.
TABLE
S. No. | Sub-heading | Descri- ption of
goods | Specifi- cation | Country of origin | Country of Export
| Producer | Exporter | Amo- unt | Unit of measu- rement | Curr- ency |
(1) | (2) | (3) | (4) | (5) |
(6) | (7) | (8) | (9) | (10) | (11) |
1. | 8513 10 | Non-brass metal flashlights (in
compact or SKD condition) | 2 cell small, conforming to battery size
AA, | Peoples Republic of China | Any country | Any
producer | Any exporter | 680 | Thousand
pieces | USD |
2. | 8513 10 | Non-brass metal flashlights (in
compact or SKD condition) | 2 cell small, conforming to battery size
AA, | Any country except Peoples Republic of China | Peoples
Republic of China | Any producer | Any exporter | 680
| Thousand pieces | USD |
3. | 8513 10 | Non-brass metal flashlights (in
compact or SKD condition) | 2 cell large, conforming to battery size
D | Peoples Republic of China | Any country | Any
producer | Any exporter | 838 | Thousand
pieces | USD |
4. | 8513 10 | Non-brass metal flashlights (in
compact or SKD condition) | 2 cell large, conforming to battery size
D | Any country except Peoples Republic of China | Peoples Republic
of China | Any producer | Any exporter | 838
| Thousand pieces | USD |
5. | 8513 10 | Non-brass metal flashlights (in
compact or SKD condition) | 3 cell large, conforming to battery size
D | Peoples Republic of China | Any country | Any
producer | Any exporter | 1608 | Thousand
pieces | USD |
6. | 8513 10 | Non-brass metal flashlights (in
compact or SKD condition) | 3 cell large, conforming to battery size
D | Any country except Peoples Republic of China | Peoples Republic
of China | Any producer | Any exporter | 1608
| Thousand pieces | USD |
7. | 8513 10 | Non-brass metal flashlights (in
compact or SKD condition) | Other than those specified at S.No.1-6 above
| Peoples Republic of China | Any country | Any
producer | Any exporter | 1608 | Thousand
pieces | USD |
8. | 8513 10 | Non-brass metal flashlights (in
compact or SKD condition) | Other than those specified at S.No.1-6
above | Any country except Peoples Republic of China | Peoples
Republic of China | Any producer | Any
exporter | 1608 | Thousand
pieces | USD |
2. The anti-dumping duty imposed under this notification shall be effective
up to and inclusive of the 12th day of August, 2003, 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) “USD” means US Dollar;
(c) 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 by sub-clause (i) of clause (a) of sub-section
(3) of section 14 of the said Customs Act, and the relevant date for the
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.
[F.No.354/5/2003-TRU]
(Alok Shukla)
Deputy Secretary to the Government of India
(Anti-dumping Duty on non-Brass Metal Flashlights vide
CUS NTF NO. 125/2003 DATE 13/08/2003)
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