Non-brass metal flashlights - Anti-dumping duty - Import of non-brass metal flashlights originating in, or exported from, the Peoples Republic of China.

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13th August, 2003 Notification No. 125/2003 - Customs WHEREAS in the matter of import of non-brass metal flash lig h ts (h erein after referred to as “th e su b ject g o o d s”), fa llin g under sub-heading 851310 of the First Schedule to the Customs Tariff A ct, 1 9 7 5 (5 1 o f 1 9 7 5 ), o rig in atin g in , o r exp o rted fro m , th e Peo p le’s R ep u b lic o f C h in a ((h erein after referred to as “th e su b ject co u n try”), and imported into India, the designated authority(DA) vide its preliminary findings 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 flashlights had been exported to India from Peo p le’s R ep u b lic o f C h in a 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 Peo p le’s R ep u b lic o f C h in a ; and had recommended imposition of provisional anti-dumping duty, pending final determination, on all imports of subject goods o rig in atin g in o r exp o rted fro m , Peo p le’s R ep u b lic o f C h in a ; 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 the 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 of measurement as specified in the corresponding entry in column (10), of the said Table. Table Sub S. - N hea o. ding Descri ption of goods Specifi cation Cou ntry of origi n Cou ntry of Exp ort Prod ucer Expo rter Amo unt Curr ency Unit of meas ure- ment (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) ( 1 ) 1 8513 10 Non- brass metal flashlig cell 2 small, conform to ing Peop les Repu blic Any coun try Any Produ cer Any Expo rter 672. 29 USD Thous and Piece s 2 8513 10 3 8513 10 4 8513 10 or hts (in compa ct SKD conditi on) Non- brass metal flashlig hts (in compa ct SKD conditi on) or Non- brass metal flashlig hts (in compa ct SKD conditi on) or Non- brass metal flashlig hts (in compa ct SKD conditi on) or battery size AA of Chin a cell 2 small, conform to ing battery size AA cell 2 large, conform ing to battery size D cell 2 large, conform ing to battery size D Any Cou ntry exce pt Peop les Repu blic of Chin a Peop les Repu blic of Chin a Any Cou ntry exce pt Peop les Repu blic of Chin a Any Produ cer Any Expo rter 672. 29 USD Thous and Piece s Peop les Repu blic of Chin a Any coun try Any Produ cer Any Expo rter 820. 63 USD Thous and Piece s Any Produ cer Any Expo rter 820. 63 USD Thous and Piece s Peop les Repu blic of Chin a 5 8513 10 Non- brass cell 2 large, Peop les Any coun Any Produ Any Expo 1608 .08 Thous and USD try cer rter Piece s Any Produ cer Any Expo rter 1608 .08 USD Thous and Piece s Peop les Repu blic of Chin a Any coun try Any Produ cer Any Expo rter 1608 .08 USD Thous and Piece s Any Produ cer Any Expo rter 1608 .08 USD Thous and Piece s Peop les Repu blic of Chin a 6 8513 10 7 8513 10 8 8513 10 metal flashlig hts (in compa ct SKD conditi on) or Non- brass metal flashlig hts (in compa ct SKD conditi on) or Non- brass metal flashlig hts (in compa ct SKD conditi on) or Non- brass metal flashlig hts (in compa ct SKD conditi on) or conform ing to battery size D Repu blic of Chin a cell 2 large, conform ing to battery size D Other than those specifie d S.No. 1-6 above at Other than those specifie d S.No. 1-6 above at Any Cou ntry exce pt Peop les Repu blic of Chin a Peop les Repu blic of Chin a Any Cou ntry exce pt Peop les Repu blic of Chin a 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) “lan d ed valu e” sh all b e th e 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 ) th e “rate o f exch an g e” ap p licab le fo r th e p u rp o ses o f calcu latio n o f 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. V. Sivasubramanian Deputy Secretary to the Government of India F.No. 354/ 5 /2003-TRU)

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