REGD. NO D, L -33004/99

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

NO.

54]

NEW DELHI, TUESDAY, FEBRUARY 6,2001/MAGHA17,1922

(1)

370 GI/2001

2

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART ft—SEC. 3(i)l

MINISTRY OF FINANCE

(Department of Revenue)

NOTIFICATION

New Delhi, the 6th February. 2001

No. 14/2001-CUSTOMS

G.S.R- 70(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, oh all imports of1 primary pencil cells and primary batteries of R6 (AA) size, both in

papef and, metal (both heavy duty and Super heavy duty) jacketed form, excluding rechargeable

batteries, originating in or exported from China;

3

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 R 6 (AA) size, both in paper and ntaetal (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 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 USS 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

9 A 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 (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.

[E No. 3 54/14/2001-TRU]

PRASHAlsIT KUMAR SINHA, Under Secy.

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and Published by the Controller of Publications, DtUii-1100S4.