Notification No. 63/2003-Cus Date 02/04/2003

Anti-dumping duty on lead acid batteries, falling under heading 8507

WHEREAS in the matter of import of lead acid batteries, falling under heading 8507 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Taiwan, Singapore 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 5th April, 2002, had come to the conclusion that -
    (a) lead acid batteries exported to India from Taiwan, Singapore and Hong Kong are below its normal value;

    (b) the Indian industry had suffered material injury and is further being threatened with material injury;

    (c) the injury had been caused by the dumped imports from Taiwan, Singapore and Hong Kong;

    (d) the dumping margin for the export of industrial lead acid batteries manufactured by M/s. Shenyang Matsushita Storage Battery Company and M/s. BB Battery Company Limited of China, when exported by M/s. Panasonic Industrial Asia Pte. Limited, Singapore and M/s. National Trading Limited, Hong Kong respectively, and imported into India were in negative;

and had considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of lead acid batteries, originating in, or exported from, Taiwan, Singapore and Hong Kong, and imported into India, except the industrial lead acid batteries manufactured by M/s. Shenyang Matsushita Storage Battery Company and M/s. BB Battery Company Limited of China, when exported by M/s. Panasonic Industrial Asia Pte. Limited, Singapore and M/s. National Trading Limited., Hong Kong respectively, and imported into India;

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 erstwhile Ministry of Finance (Department of Revenue), No. 55/2002-Customs, dated the 22nd May, 2002, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 22nd May, 2002 vide No. G.S.R. 378(E), dated the 22nd May, 2002;

AND WHEREAS, the designated authority, vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 31st January, 2003 vide No. 59/1/2001-DGAD, has come to the conclusion that-
    (a) lead acid batteries have been exported to India from Taiwan, Singapore and Hong Kong below its normal value;

    (b) the Indian industry had suffered material injury and facing threat of further injury;

    (c) the injury had been caused cumulatively by the imports from the subject countries; and

has considered it necessary to impose anti-dumping duty, on all imports of lead acid batteries, originating in, or exported from, Taiwan, Singapore and Hong Kong, and imported into India, and has confirmed the preliminary findings in case of exports of industrial lead acid batteries manufactured by M/s. Shenyang Matsushita Storage Battery Company and M/s. BB Battery Company Limited of China, when exported by M/s. Panasonic Industrial Asia Pte. Limited, Singapore and M/s. National Trading Limited. Hong Kong respectively, and imported into India;

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 aforesaid final findings of the designated authority, hereby imposes on lead acid batteries, falling under heading 8507 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country or territory specified in column (2) of the Table given below, when exported by producers/exporters specified in column (4) of the said Table, and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount specified in the corresponding entry in column (5) and landed value of import per kilogram of the battery of the type specified in column (3) of the said Table.

Table
S. No. Name of Country / Territory Type of battery Name of Producer / Exporters Amount In US $ per kg.
(1) (2) (3) (4) (5)
1. Singapore Industrial All exporters 2.99
Automative (non-maintenance free) All exporters 2.11
Automatice (maintenance free) All exporters 2.03
Motorcycle All exporters 3.69
All other Lead Acid Batteries/ accumulators All exporters 3.69
2. Hong Kong Industrial All exporters 2.99
Automative (non-maintenance free) All exporters 2.10
Automatice (maintenance free) All exporters 2.03
Motorcycle All exporters 3.69
All other Lead Acid Batteries/ accumulators All exporters 3.69
3. Taiwan Industrial CSB Battery Co. Ltd. 2.99
Pilot Battery 2.99
All other exporters 2.99
Automative (non-maintenance free) All exporters 2.11
Automatice (maintenance free) All exporters 2.03
Motorcycle All exporters 3.69
All other Lead Acid Batteries/ accumulators All exporters 3.69

Provided that anti-dumping duty shall not be imposed on industrial lead acid batteries manufactured by M/s. Shenyang Matsushita Storage Battery Company and M/s. BB Battery Company Limited of China, when exported by M/s. Panasonic Industrial Asia Pte. Limited, Singapore and M/s. National Trading Limited. Hong Kong respectively, and imported into India.

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 22nd May, 2002, and shall be payable in Indian currency:

Provided that in the case of export of lead acid batteries or accumulators of the type other than industrial, automotice (non-maintenance free), automotive (maintenance free) or motorcycle, the anti dumping duty imposed under this notification shall be effective from the date of publication 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) the 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 & Company Affairs (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.