Notification No

Notification No. 1/2002-Cus dated 02/01/2002

Anti-dumping Duty on lead acid batteries, falling under heading 85.07.
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 9th April, 2001, [G.S.R. 254 (E), dated the 9th April, 2001] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 9th April, 2001;

AND WHEREAS the designated authority vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th 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-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2nd November, 2001, read with Corrigendum published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd 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, the "landed value" of which is mentioned in corresponding entry in column (4) of the said Table I;
Table I

S. No.	Model No.	Description (AH CAPACITY RATING AT 20HR RATE)	Undertaking Unit Price on CIF Inland Container Depot New Delhi / Tuglakahbad basis (US$)
(1)	(2)	(3)	(4)
1.	NS40MF	12V 32 AH	12.93
2.	38B20R	12V 35 AH	14.74
3.	85B60K	12V 55 AH	19.58
4.	NX120-7MF	12V 80 AH	24.13
5.	N88	12V 88 AH	27.75
6.	N100	12V 100 AH	34.19
7.	N120	12V 120 AH	41.56
8.	N150	12V 150 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.]

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 anti-dumping 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 II, 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.

Table II

S. No.	Name of the Country	Type of battery		Exporter/manufacturer	Amount (US$ per Kg)
(1)	(2)	(3)		(4)	(5)
1.	People’s Republic of China	(a)Industrial		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.	N.a.
				2. M/s. BB Battery Co., manufacturer or exports through trading company, namely, M/s. National Trading Ltd., Hong Kong.	N.a.
				3. M/s. Shenzen Senry Battery Co. Ltd.	N.a.
				4. Other exporters/ manufacturers.	3.192
		(b)Automotive	(i)NMF	All exporters	2.532
			(ii)MF	All exporters	2.121
			(iii)Motorcycle	All exporters	3.930
2.	Republic of Korea	(a)Industrial		1. M/s Global and Yuasa Battery Co. Ltd.	N.a.
				2. M/s. NB Corporation	N.a.
				3. Other exporters / manufacturers	3.192
		(b)Automotive	(i) NMF	1. M/s. Global and Yuasa Battery Co. Ltd.	2.216
			(i) NMF	2. Other exporters / manufacturers	2.532
			(ii) MF	1. M/s. Global and Yuasa Battery Co. Ltd	1.904
				2.M/s. Delkor Corpn.	N.a.
				3. Other exporters / manufacturers	2.121
			(iii)Motorcycle	All exporters	3.930
3.	People’s Republic of Bangladesh	(a) Industrial		All exporters	3.192
		(b)Automotive	(i)NMF	All exporters	2.532
			(ii) MF	All exporters	2.121
			(iii)Motorcycle	All exporters	3.930
4.	Japan	(a) Industrial		All exporters	3.192
		(b)Automotive	(i) NMF	All exporters	2.532
			(ii) MF	All exporters	2.121
			(iii)Motorcycle	All exporters	3.930
Note.- In the Table II, "N.a." , "NMF" and "MF" shall have the meanings "Not applicable", " non-maintenenance free" and "maintenance 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 I submitted by the said M/s Daewoo International Corporation, Republic of Korea.

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 9th 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.