2
nd
January, 2002
Notification No. 1 / 2002-Customs
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
th
April, 2001, [G.S.R. 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
th
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
th
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 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, 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)Industrial1. 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
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 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.
Vivek Prasad
Under Secretary to the Government of India
F. No. 354/200/2001-TRU
