CHAPTER 85

Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles

NOTES :

1. This Chapter does not cover :

(a) electrically warmed blankets, bed pads, foot-muffs or the like; electrically warmed clothing, footwear or ear pads or other electrically warmed articles worn on or about the person;

(b) articles of glass of heading 7011;

(c) machines and apparatus of heading 8486;

(d) vacuum apparatus of a kind used in medical, surgical,dental or veterinary purposes (Chapter 90); or

(e) electrically heated furniture of Chapter 94.

(In note 1 clause (b) & (c) has been amended vide Finance Bill 2006 w.e.f. from 01/01/2007)

[OLDor

(c) electrically heated furniture of Chapter 94.]

2. Headings 8501 to 8504 do not apply to goods described in headings 8511, 8512, 8540, 8541 or 8542. However, metal tank mercury arc rectifiers remain classified in heading 8504.

3. Heading 8509 covers only the following electro-mechanical machines of the kind commonly used for domestic purposes :

(a) floor polishers, food grinders and mixers, and fruit or vegetable juice extractors, of any weight;

(In note 3 clause (a) has been amended vide Finance Bill 2006 w.e.f. from 01/01/2007)

[OLD(a) vacuum cleaners, including dry and wet vacuum cleaners, floor polishers, food grinders and mixers, and fruit or vegetables juice extractors, of any weight;]

(b) other machines provided the weight of such machines does not exceed 20 kg.

The heading does not, however, apply to fans and ventilating or recycling hoods incorporating a fan, whether or not fitted with filters (heading 8414), centrifugal cloths-dryers (heading 8421), dish washing machines (heading 8422), household washing machines (heading 8450), roller or other ironing machines (heading 8420 or 8451), sewing machines (heading 8452), electric scissors (heading 8467) or to electro-thermic appliances (heading 8516).

4. For the purposes of heading 8523 :

(a) Solid-state non-volatile storage devices" (for example, "flash memory cards" or "flash electronic storage cards") are storage devices with a connecting socket, comprising in the same housing one or more flash memories (for example, "FLASH E²PROM") in the form of integrated circuits mounted on a printed circuit board. They may include a controller in the form of an integrated circuit and discrete passive components, such as capacitors and resistors;

(b) The term "smart cards" means cards which have embedded in them one or more electronic integrated circuits (a microprocessor, random access memory (RAM) or read-only memory (ROM)) in the form of chips. These cards may contain contacts, a magnetic stripe or an embedded antenna but do not contain any other active or passive circuit elements.

5. For the purposes of heading 8534, "printed circuits" are circuits obtained by forming on an insulating base, by any printing process (for example, embossing, plating-up, etching) or by the "film circuit" technique, conductor elements, contacts or other printed components (for example, inductances, resistors, capacitors) alone or interconnected according to a pre-established pattern, other than elements which can produce, rectify, modulate or amplify an electrical signal (for example, semi-conductor elements).

The expression "printed circuits" does not cover circuits combined with elements other than those obtained during the printing process, nor does it cover individual, discreet resistors, capacitors or inductances. Printed circuits may, however, be fitted with non-printed connecting elements.

Thin- or thick-film circuits comprising passive and active elements obtained during the same technological process are to be classified in heading 8542.

6. For the purpose of heading 8536, "connectors for optical fibres, optical fibre bundles or cables" means connectors that simply mechanically align optical fibres end to end in a digital line system. They perform no other function, such as the amplification, regeneration or modification of a signal.

7. Heading 8537 does not include cordless infrared devices for the remote control of television receivers or other electrical equipment (heading 8543).

8. For the purposes of headings 8541 and 8542 :

(a) "Diodes, transistors and similar semi-conductor devices" are semi-conductor devices the operation of which depends on variations in resistivity on the application of an electric field;

(b) "Electronic integrated circuits" are :

(i) Monolithic integrated circuits in which the circuit elements (diodes, transistors, resistors, capacitors, inductances, etc.) are created in the mass (essentially) and on the surface of a semiconductor or compound semiconductor material (for example, doped silicon, gallium arsenide, silicon germanium, indium phosphide) and are inseparably associated;

(ii) Hybrid integrated circuits in which passive elements (resistors, capacitors, inductances, etc.), obtained by thin- or thick-film technology, and active elements (diodes, transistors, monolithic integrated circuits, etc.), obtained by semiconductor technology, are combined to all intents and purposes indivisibly, by interconnections or interconnecting cables, on a single insulating substrate (glass, ceramic, etc.). These circuits may also include discrete components;

(iii) Multichip integrated circuits consisting of two or more interconnected monolithic integrated circuits combined to all intents and purposes indivisibly, whether or not on one or more insulating substrates, with or without leadframes, but with no other active or passive circuit elements.

For the classification of the articles defined in this Note, headings 8541 and 8542 shall take precedence over any other heading in this Schedule, except in the case of heading 8523, which might cover them by reference to, in particular, their function.

9. For the purposes of heading 8548, "spent primary cells, spent primary batteries and spent electric accumulators" are those which are neither usable as such because of breakage, cutting-up, wear or other reasons, nor capable of being recharged.

(Notes 4,5,6 and 7 has been amended vide Finance Bill 2006 w.e.f. from 01/01/2007)

[OLD4. For the purposes of heading 8534, "printed circuits" are circuits obtained by forming on an insulating base, by any printing process (for example, embossing, plating-up, etching) or by the "film circuit" technique, conductor elements, contacts or other printed components (for example, inductances, resistors, capacitors) alone or interconnected according to a pre-established pattern, other than elements which can produce, rectify, modulate or amplify an electrical signal (for example, semi-conductor elements).

The expression "printed circuits" does not cover circuits combined with elements other than those obtained during the printing process, nor does it cover individual, discreet resistors, capacitors or inductances. Printed circuits may, however, be fitted with non-printed connecting elements. Thin- or thick-film circuits comprising passive and active elements obtained during the same technological process are to be classified in heading 8542.

5. For the purposes of headings 8541 and 8542 :

(A) "diodes, transistors and similar semi-conductor devices" are semi-conductor devices, the operation of which depends on variations in resistivity on the application of an electric field;

(B) "electronic integrated circuits and micro-assemblies" are :

(a) monolithic integrated circuits in which the circuit elements (diodes, transistors, resistors, capacitors, interconnections, etc.) are created in the mass (essentially) and on the surface of a semiconductor material (doped silicon, for example) and are inseparably associated;

(b) hybrid integrated circuits in which passive elements (resistors, capacitors, interconnections, etc.), obtained by thin- or thick-film technology, and active elements (diodes, transistors, monolithic integrated circuits, etc.), obtained by semi-conductor technology, are combined to all intents and purposes indivisibly on a single insulating substrate (glass, ceramic, etc.). These circuits may also include discrete components;

(c) micro-assemblies of the moulded module, micromodule or similar types, consisting of discrete, active or both active and passive, components which are combined and interconnected.

For the classification of the articles defined in this Note, headings 8541 and 8542 shall take precedence over any other heading in this Schedule which might cover them by reference to, in particular, their function.

6. Records, tapes and other media of heading 8523 or 8524 remain classified in those headings, when they are presented with the apparatus for which they are intended. This Note does not apply to such media when they are presented with articles other than the apparatus for which they are intended.

7. For the purposes of heading 8548, "spent primary cells, spent primary batteries and spent electric accumulators" are those which are neither usable as such because of breakage, cutting-up, wear or other reasons, nor capable of being recharged.]

SUB-HEADING NOTE

Sub-heading 8527 12 covers only cassette-players with built-in amplifier, without built-in loudspeaker capable of operating without an external source of electric power and the dimensions of which do not exceed 170mm x 100 mm x 45 mm.

(Sub-heading notes has been amended vide Finance Bill 2006 w.e.f. from 01/01/2007)

[OLDSUB-HEADING NOTES :

1. Sub-headings 8519 92 and 8527 12 cover only cassette-players with built-in amplifier, without built-in loudspeaker, capable of operating without an external source of electric power and the dimensions of which do not exceed 170 mm x 100 mm x 45 mm.

2. For the purposes of sub-heading 8542 10, the term ‘ "smart" cards’ means cards which have embedded in them an electronic integrated circuit (microprocessor) of any type in the form of a chip and which may or may not have a magnetic stripe.]

SUPPLEMENTARY NOTE :

For the purposes of heading 8523 [OLD8524], "Information Technology software" means any representation of instructions, data, sound or image, including source code and object code, recorded in a machine readable form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine.

(SUPPLEMENTARY NOTE has been amended vide Finance Bill 2006 w.e.f. from 01/01/2007)

EXEMPTION NOTIFICATIONS

ADDITIONAL DUTY

Additional Duties of Customs (T.V. Sets):
[Notfn. No. 219/92-Cus. dt. 19.6.92].

In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), read with sub-section (3) of section 44 of the Finance Act, 1985 (32 of 1985), the Central government, being satisfied that it is necessary in the public interest so to do, hereby exempts all goods specified in the fifth schedule to the second mentioned Act from the whole of the additional duty of customs leviable thereon under sub-section (1) of section 44 of the said second Act.

For effective rates of duty on Capital goods falling under Chapters 82, 84, 85 or 90 and used by IT/Electronics Industry subject to actual user condition - see Notfn. No. 25/02-Cus. dt. 1.3.2002 as amended under Chapter 82.

ANTI-DUMPING DUTY NOTIFICATIONS

Anti dumping duty on Dry Cell Batteries originating in or exported from People"s Republic of China:
[Notfn. No. 84/01-Cus. dt. 2.8.2001]

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 –

(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,

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.

Anti-dumping duty on Compact Fluorescent Lamps, originating in or exported from People"s Republic of China and Hong Kong.

[Notfn. No. 138/02-Cus. dt. 10.12.2002]

Whereas in the matter of import of Compact Fluorescent Lamps (hereinafter referred to as CFL), falling under sub-heading, 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, had come to the conclusion that -

(a) the imports of CFL 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;

(b) the sale of domestic industry has declined significantly;

(c) the domestic sale prices are suffering from both price suppression and price depression due to dumped imports from People"s Republic of China and Hong Kong;

(d) the production has remained more or less static during period of investigation;

(e) closing stocks has gone up by around 145% during period of investigation over previous year;

(f) the capacity utilisation during the period of investigation was as low as 20% (after taking into account the increased capacity);

(g) the domestic industry has suffered losses during the period of investigation,

and had considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of CFL, originating in or exported from People’s Republic of China and Hong Kong;

AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central Government had imposed provisionally an anti-dumping duty vide notification No. 128/2001-Customs, dated the 21st December, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 21st December, 2001 vide No. G.S.R. 916 (E), dated the 21st December, 2001;

AND WHEREAS the Designated Authority, vide its final findings, published in the Gazette of India, Extraordinary, Part I, section 1, dated the 14th November, 2002 has come to the conclusion that-

(a) CFL originating in or exported from People’s Republic of China and Hong Kong have been exported to India below normal value, resulting in dumping;

(b) the Indian industry has suffered material injury from exports of subject goods from People’s Republic of China and Hong Kong;

(c) the injury has been caused cumulatively by the dumped imports from People’s Republic of China and Hong Kong;

(d) in case of exports of CFL with choke by M/s Philips & Yaming, People’s Republic of China, causal link could not be established, as the landed value of such exports was more than the non-injurious price, and has proposed to impose definitive anti-dumping duty, on all imports of CFL, except the exports of CFL, both with and without choke, by M/s Philips & Yaming, People’s Republic of China, originating in, or exported from, People’s Republic of China and Hong Kong;

Now, therefore, in exercise of the powers conferred by sub-section (1) and (5) of Section 9A of the said Customs Tariff Act, read with rule 18 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 entry 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.	Country	Name of the producer/ exporter	Amount per unit in US$
			Without choke	With choke
(1)	(2)	(3)	(4)	(5)
1.	Peoples Republic of China	M/s Philip & Yaming Lighting Co. Ltd.	Not applicable	Not applicable
		M/s Hangzhou Feihua Lighting & Electrical Appliance Co. Ltd (Through M/s CMEC Engineering Machinery Import & Export Co. Ltd)	1.256	1.845
		All other exporters	1.256	3.125
2.	Hong Kong	All exporters	1.256	3.125

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the anti-dumping duty, i.e. the 21st December, 2001 and shall be payable in Indian currency;

Provided that in the case of export of CFL with choke, originating in, or exported from Hong Kong, the antidumping duty imposed under this notification shall be effective from the date of issue of this notification in the Official Gazette.

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 subsection (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.

Anti-dumping duty on graphite electrodes-Ultra High Power grade (of diameters upto and including 24") originating in, or exported from Poland and Brazil:

[Notfn. No. 20/03-Cus. dt. 31.1.2003]

WHEREAS in the matter of import of graphite electrodes- Ultra High Power grade (of diameters upto and including 24" ) (hereinafter referred to as subject goods), falling under sub-heading 85.45 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Poland and Brazil, and imported into India, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8th May, 2002, has come to the conclusion that-

(a) graphite electrodes- Ultra High Power grade (of diameters upto and including 24" ) originating in, or exported from, Poland and Brazil have been exported to India below its normal value, resulting in dumping;

(b) the Indian industry has suffered material injury;

(c) the injury has been caused by imports from Poland and Brazil;

and had recommended to impose anti-dumping duty, provisionally, pending final determination, on all imports of the subject goods, originating in, or exported from, Poland and Brazil;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed, provisionally, an anti-dumping duty vide notification No. 59/2002-Customs, dated the 5th June, 2002, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 5th June, 2002 vide No. G.S.R.407 (E), dated the 5th June, 2002;

AND WHEREAS, the designated authority, vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 15th January, 2003 has come to the conclusion that-

(i) The subject goods originating in, or exported from Poland and Brazil have been exported to India below normal value, resulting in dumping;

(ii) The Indian domestic industry has suffered material injury;

(iii) The injury has been caused to the domestic industry by the dumping of the subject goods from Poland and Brazil.

and has recommended to impose definitive anti-dumping duty, on all imports of the subject goods, originating in, or exported from, Poland and Brazil;

NOW, THEREFORE, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said Customs Tariff Act, read with 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 above findings of the designated authority, hereby imposes on graphite electrodes-

Ultra High Power grade (of diameters up to and including 24"), falling under sub-heading 85.45 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Poland and Brazil, and imported into India, when exported by producers/exporters specified in corresponding entry in column (3) of the Table below, and imported into India, an anti-dumping duty at the rate equivalent to the difference between the corresponding amount mentioned in column (4) of the said Table and the landed value of subject goods in US $ per metric tonne.

Table

S.No.	Country	Exporters/ Producers	Amount in US$ per metric tonne
(1)	(2)	(3)	(4)
1.	Poland	All exporters/ producers	2903.71
2.	Brazil	All exporters/ producers	2903.71

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e., the 5th 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 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 under 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.

Anti-dumping duty on graphite electrodes originating in PR China :
[Notfn. No. 101/03-Cus. dt. 7.7.2003]

WHEREAS the designated authority vide notification published Part I, Section 1 in the Gazette of India, Extraordinary, dated the 17th of May, 2002, had initiated review in the matter of continuation of final antidumping duty imposed on import of graphite electrodes (hereinafter referred to as "the subject goods") originating in, or exported from United States of America (USA), Peoples’ Republic of China (PR China), Germany, Belgium, Austria, France, Spain and Italy (hereinafter referred to as "the subject countries") vide notification No. 20/98-Customs dated the 5th May, 1998 [G.S.R. 239(E), dated the 5th May, 1998], and had requested for suitable extension of anti-dumping duty pending the results of the review investigations;

AND WHEREAS, the Central Government has extended the anti-dumping duty imposed on graphite electrodes originating in, or exported from USA, Peoples Republic of China, Germany, Belgium, Austria, France, Spain and Italy vide notification No. 109/2002-Customs dated the 10th October, 2003 [ G.S.R. 695(E), dated the 10th October, 2002] upto and inclusive of 20th January, 2003 and vide notification No. 12/2002-Customs dated the 20th January, 2003 [G.S.R. 40(E), dated the 20th January, 2003] upto and inclusive of 20th April, 2003;

AND WHEREAS, the designated authority vide its findings vide notification No. 28/1/1998 dated 9th April, 2003 in the review proceedings initiated in the matter published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 9th April, 2003 has concluded that –

(i) the various economic indicators and injury parameters imply that the cessation of anti-dumping duty on the imports of graphite electrodes (Ultra High Power grade) from USA, Germany, Belgium, Austria, France, Spain and Italy will not lead to continuance or recurrence of dumping and injury and, therefore, recommends discontinuance of anti dumping duty on graphite electrodes (Ultra High Power grade) exported to India from the subject countries except China ;

(ii) graphite electrodes (Normal Power Grade, or NPG) originating in or exported from PR China have been exported to India below normal value, resulting in dumping;

(iii) the Indian industry has suffered material injury caused by dumped imports from People’s Republic of China;

AND WHEREAS, the designated authority has recommended imposition of anti-dumping duty at specified rates on graphite electrodes originating in or exported from PR China in order to remove injury to the domestic industry.

NOW, THEREFORE , in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) read with rules 18 and 23 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, after considering the aforesaid findings, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under headings 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 exported from the countries as specified in the corresponding entry in column (6) and produced by the producers as specified in the corresponding entry in column (7) and exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty equal to the amount mentioned in the corresponding entry given 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.

Table

S. No.	Sub Hea- ding	Des- crip- tion	Spe- cifica- tions	Country Of Origin	Country Of Export	Producer	Exporter	Amount	Unit of Mea- sure- ment	Curr- ency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	854511	Graphite Electrodes	Normal Power Grade or High Power Grade	PR China	Any country	Chengdu Rongguang Carbon Co Limited	Liaoning Jiayi Metals & Minerals Co. Ltd.	Nil	MT	USD
2.	854511	Graphite Electrodes	Normal Power Grade or High Power Grade	PR China	Any country	Chengdu Rongguang Carbon Co Limited	Any other than Liaoning Jiayi Metals & Minerals Company Ltd.	508.506	MT	USD
3.	854511	Graphite Electrodes	Normal Power Grade or High Power Grade	PR China	Any country	China Tianjin Jinghai Carbon Plant	Liaoning Jiayi Metals & Minerals Co. Ltd.	234.54	MT	USD
4.	854511	Graphite Electrodes	Normal Power Grade or High Power Grade	PR China	Any country	China Tianjin Jinghai Cabon Plant	Any other than Liaoning Jiayi Metals & Minerals Company Ltd.	508.506	MT	USD
5.	854511	Graphite Electrodes	Normal Power Grade or High Power Grade	PR China	Any country	Liaoyang Cabon Co. Ltd. of China	Liaoning Jiayi Metals & Minerals Co. Ltd.	Nil	MT	USD
6.	854511	Graphite Electrodes	Normal Power Grade or High Power Grade	PR China	Any country	Liaoyang Carbon Co. Ltd. of China	Any other than Liaoning Jiayi Metals & Minerals Company Ltd.	508.506	MT	USD
7.	854511	Graphite Electrodes	Normal Power Grade or High Power Grade	PR China	Any country	Any other than those specified above	Any other than those specified above	508.506	MT	USD

2. The anti-dumping duty imposed under this notification shall be payable in Indian currency.

Explanation .- For the purposes of this notification, rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in exercise of the powers conferred by sub-clause (i) of sub-section (3) of section 14 of the Customs Act, 1962 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, 1962.

Anti-dumping duty on non-brass metal flashlights, originating in or exported from PR China:

[Notfn. No. 125/03-Cus. dt. 13.8.2003]

WHEREAS in the matter of import of non-brass metal flashlights (hereinafter referred to as "the subject goods"), falling under sub-heading 8513 10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) originating in, or exported from, the Peoples Republic of China (hereinafter referred to as "the subject country"), and imported into India, the designated authority(DA) 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 16th January, 2003, had come to the conclusion that-

(i) Non-brass metal flashlight have been exported to India from People"s Republic of China below normal value;

(ii) The Indian industry had suffered material injury ;

(iii) The injury had been caused to the domestic industry by the dumped imports from People"s Republic of China;

and had recommended imposition of provisional anti-dumping duty, pending final determination, on all imports of subject goods, originating in, or exported from, People"s Republic of China;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty vide notification of the Government of India in the erstwhile Ministry of Finance & Company Affairs (Department of Revenue) No. 25/2003-Customs, dated the 13th February, 2003, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 13th February, 2003 (G.S.R. 106(E), dated the 13th February, 2003);

AND WHEREAS, the designated authority, vide its final findings No. 14/27/2002-DGAD dated the 23rd July, 2003 published in the Gazette of India, Extraordinary, Part I, Section I, dated the 23rd July, 2003 has come to the conclusion that -

(i) Non-brass Metal Flashlights have been exported to India from the subject country below its normal value, resulting in dumping;

(ii) The domestic industry has suffered material injury;

(iii) The injury has been caused by the dumped imports from the subject country;

and the DA has considered it necessary to impose final anti-dumping duty on all imports of the subject goods originating in or exported from the subject countries so as to remove injury to the domestic industry;

NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) read with of section 9A of the said Customs Tariff Act, read with 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 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 exported from the countries as specified in the corresponding entry in column (6), and produced by the producers as specified in the corresponding entry in column (7), and exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate equal to the difference between the amount as specified in the corresponding entry in column (9) and the landed value of the goods, in the currency as specified in the corresponding entry in column (11) and per unit measurement as specified in the corresponding entry in column (10), of the said Table.

TABLE

S. No.	Sub-hea- ding	Des- cription	Spe- cifica- tion of goods	Country of origin	Country of Export	Producer	Exporter	Amo- unt	Unit of Mea- sure- ment	Curr- ency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	851310	Non-brass metal flash- lights (in compact or SKD condition)	2 cell small, confor- ming to battery size AA	Peoples Republic of China	Any country	Any Producer	Any Exporter	672.29	Thou- sand Pieces	USD
2.	851310	Non-brass metal flash- lights (in compact or SKD condition)	2 cell small, confor- ming to battery size AA	Any Country except Peoples Republic of China	Peoples Republic of China	Any Producer	Any Exporter	672.29	Thou- sand Pieces	USD
3.	851310	Non-brass metal flash- lights (in compact or SKD condition)	2 cell large, confor- ming to battery size D	Peoples Republic of China	Any country	Any Producer	Any Exporter	820.63	Thou- sand Pieces	USD
4.	851310	Non-brass metal flash- lights (in compact or SKD condition)	2 cell large, confor- ming to battery size D	Any Country except Peoples Republic of China	Peoples Republic of China	Any Producer	Any Exporter	820.63	Thou- sand Pieces	USD
5.	851310	Non-brass metal flash- lights (in compact or SKD condition)	2 cell large, confor- ming to battery size D	Peoples Republic of China	Any country	Any Producer	Any Exporter	1608.08	Thou- sand Pieces	USD
6.	851310	Non-brass metal flash- lights (in compact or SKD condition)	2 cell large, confor- ming to battery size D	Any Country except Peoples Republic of China	Peoples Republic of China	Any Producer	Any Exporter	1608.08	Thou- sand Pieces	USD
7.	851310	Non-brass metal flash- lights (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	1608.08	Thou- sand Pieces	USD
8.	851310	Non-brass metal flash- lights (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	1608.08	Thou- sand Pieces	USD

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. 13.2.2003, and shall be paid in Indian currency.

Explanation. - For the purposes of this notification, -

(a) "landed value" shall be the assessable value as determined under the Customs Act, 1962 and includes all duties of customs except duties under sections 3, 3A, 8B, 9 and 9A of the Customs Tariff Act, 1975;

(b) the "rate of exchange" applicable for the purposes of calculation of the anti-dumping duty under this notification shall be the exchange rate specified in the notification issued from time to time in exercise of powers conferred under sub-section (3) of section 14 of the Customs Act, 1962, 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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