THEGAZETTEOFINDIA: EXTRAORDINARY

[PART IF—SEC. 3 (i)]

MINISTRY OF FINANCE

(Department of Revenue)

NOTIFICATION

New Delhi, the 2nd January, 2002

No. 1/2002-CUSTOMS

G.S.R. 3(£).— WHEREAS in the matter of import of lead acid batteries, falling under heading

85.07 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from

the People's Republic of China, Republic of Korea, Japan and Bangladesh and imported into India, the

designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I,

Section 1, dated the 21st March, 2001, had come to the conclusion that-

(a)

Lead Acid Batteries have been exported to India from China, Korea and Japan below

their normal value;

(b)

the Indian industry has suffered material injury and is further being threatened with

material injury;

(c)

the injury has been caused by the dumped imports from China, Korea and Japan;

(d)

as per evidence available before the said authority at present volume of imports of subject

goods from Bangladesh is de-minimis;

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. 41/2001-Customs, dated the 9 Apnl, 2001, HJ.&.K.

254 (E), dated the 9^th April, 2001] published in Part II, Section 3, Sub-section (i) of the Gazette of India,

Extraordinary, dated the 9^lb April, 2001;

AND WHEREAS the designated authority vide its final findings, published in the Gazette of

India, Extraordinary, Part I, Section 1, dated the 7* December, 2001, has come to the conclusion that -

(a)

Lead Acid Batteries have been exported to India from China, Korea, Japan and

Bangladesh below their normal value during the period of investigation;

(b)

The Indian industry has suffered material injury and is further being threatened with

material injury;

(c)

The injury has been caused by the dumped imports from China, Korea, Japan and

Bangladesh;

AND WHEREAS M/s Daewoo International Corporation, Republic of Korea who are exporting

the subject goods manufactured by M/s Delkor Corporation, Korea, have given an undertaking under rule

15 of Customs Tariff (Identification, Assessment and Collection of Anti-durnping Duty on Dumped

Articles and for Determination of Injury) Rules, 1995, published in the Gazette of India, Extraordinary,

Part I, Section 1, dated the 2^nd November, 2001, read with Corrigendum published in the Gazette of India,

Extraordinary, Part I, Section 1, dated the 3^rd December, 2001, not to export Maintenance Free Lead Acid

Automotive Batteries of the model No. mentioned in column (2) of the Table I annexed hereto, of

description mentioned in corresponding entry in column (3) of the said Table I, th« "landed value" of which

is mentioned in corresponding entry in column (4) of the said Table I;

Table I

Model No.

Description

(AH Undertaking Unit Price on CIF

No.

CAPACITY RATING

Inland Container Depot New

AT20HRRATE)

Delhi / Tuglakahbad basis (US$)

(1)

(2)

(3)

(4)

NS40MF

12V 32 AH

12.93

~2.

38B20R

12V 35 AH

14.74

85B60K

12V 55 AH

19.58

~~4.

NX120-7MF

12V 80 AH

24.13

N88

12V 88 AH

27.75

N100

12V100 AH

34^19

N120

12V120 AH

41.56

N150

12V150 AH

47.56

[Note.-All prices mentioned in the above Table I, are quoted in US Dollar per piece on Letter of

Credit at sight basis and on Cost Insurance and Freight (CIF) Inland Container Depot New Delhi/

Tuglakhabad basis.]

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART n—SEC. 3(i)]

NOW, THEREFORE, in exeaahie 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 Anfi-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 anti-dwnping duty on all imports of lead acid batteries falling under heading

85.07 of the Customs Tariff Act, originating in or exported from the country specified in column (2) of the

Table II annexed hereto, and type of battery specified in Column (3) of the said Table n, when exported by

the exporter or manufacturer mentioned in column (4) of the said Table II, equivalent to the difference

between the amount mentioned in Column (5) of the said Table II and the landed value of import per Kg of

the lead acid battery.

(1)

Name of

the

Country

(2)

People's

Republic

of China

Republic

of Korea

People's

Republic

Bangladesh

Japan

Table II

Type of battery

(3)

(a)Industrul

(b)Automotive

(i)NMF

(ii)MF

(iii)Motorcycle

(a)Industrial

(b)Autonwtivc

(i)NMF

(ii)MF

(iii)Motorcycle

(a) Industrial

(b)Automotive

(i)NMF

(ii)MF

(iii)Motorcycle

(a) Industrial

(b)Automotive

(i)NMF

(ii)MF

(iii)Motorcycle

Exporter/manufacturer

(4)

1. M/s.

Shenyang

Matsushita

Storage Battery Co. Ltd (SLMB)

manufacturer or exports through

trading company, namely, M/s.

Panasonic Industrial Asia Pte.

Ltd., Singapore.

M/s.

Battery

Co.,

manufacturer or exports through

trading company, namely, M/s.

National

Trading

Ltd.,

Hong

Kong.

3. M/s. Shcnzen Senry Battery Co.

Ltd.

4. Other exporters/ manufacturers.

All exporters

1. M/s Global and Yuasa Battery

Co. Ltd.

2. M/s. NB Corporation

3. Other exporters / manufacturers

1. M/s. Global and Yuasa Battery

Co. Ltd.

2. Other exporters / manufacturers

1. M/s. Global and Yuasa Battery

Co. Ltd

2.M/s. Delkor Corpn.

3. Other exporters / manufacturers

All exporters

Amount

(US$ per

Kg)

(5)

N.a.

3.192

2.532

2.121

3.930

N.a.

3.192

2.216

2.532

1.904

N.a.

2.121

3.930

3.192

2.532

2.121

3.930

3.192

2.532

2.121

3.930

Note.- In the Table n, "N.a.", "NMF" and "MF" shall have the meanings "Not applicable", " non-

maintenenance free" and "nnintenance free" assigned to them respectively.

Provided that no anti-dumping duty shall be imposed on the Maintenance Free Lead Acid

Automotive Batteries of the model No. mentioned in column (2) of the said Table I, of description

mentioned in corresponding entry in column (3) of the said Table I, when exported by M/s Daewoo

International Corporation, Republic of Korea and imported into India on or after the date of this

notification, if the landed value, per unit, of such Maintenance Free Lead Acid Automotive Batteries is

equal to or higher than the price undertaking mentioned in corresponding entry in column (4) of the said

Table 1 submitted by the said M/s Daewoo International Corporation, Republic of Korea.

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 9^th April, 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,

[F.No. 354/200/2001-TRU]

VJVEKPRASAD, Under Secy.

Printed by the Manager, Govt, of India Press, Ring Road, Mayapuri, Now Delhi-l 10064

and Published by the Controller of Publications, Delhi-l 10054.