[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
***
Notification No. 55/2009-Customs
New Delhi, the 26
th
May, 2009
G.S.R. (E).- Whereas, in the matter of import of Compact Fluorescent Lamps (CFL) with or without ballast or control gear or
choke, whether or not assembled, either in completely knocked down or semi knocked down condition (hereinafter referred to
as the subject goods), falling under heading 8539 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975),
originating in, or exported from China PR, Sri Lanka and Vietnam (hereinafter referred to as the subject countries), the
designated authority, in its preliminary findings vide notification No. 14/1/2007-DGAD, dated the 12th March, 2008, published
in the Gazette of India, Extraordinary, Part I, Section 1, dated the 12th March, 2008 had come to the conclusion that -
(a) the subject goods had been exported to India from the subject countries below their normal value;
(b) the domestic industry had suffered material injury;
(c) injury had been caused by the dumped imports from the subject countries,
And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed
provisional anti-dumping duty on the subject goods vide notification No. 126/2008 - Customs, dated the 21
st
November, 2008,
published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R. 815(E), dated the 21
st
November, 2008;
And whereas, the designated authority, in its final findings vide notification No. F. No. 14/1/2007-DGAD, dated the 27
th
February, 2009, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 27
th
February, 2009, has come to
the conclusion that -
a) imports originating in China PR and Vietnam are taking place at dumped prices and the same have caused material injury
to the domestic industry;
b) subject goods exported from the subject countries are at prices below their normal values, non injurious price of the
domestic industry and the net sales realization of the subject goods;
c) significant price undercutting and substantial increase in the volume of dumped imports adversely affected the performance
of the domestic industry in terms of profits, cash flow, return on investment etc; and
d) significant increase in volume of dumped imports from the subject country has resulted in decline in market share of the
domestic industry;
and has recommended to impose definitive anti-dumping duties on all imports of the subject goods, originating in or exported
from the subject countries;
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 the goods, the description of which is specified in column (3) of the Table below,
falling under 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), originating in the countries as specified in the corresponding entry in
column (5), and produced by the producers as specified in the corresponding entry in column (7), when exported from the
countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in
column (8), and imported into India, an anti-dumping duty which shall be equal to the difference between the amount specified
in the corresponding entry in column (9) and the landed value, 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
S.NoHeadingDescription
Specification
and Sub
specification
Country
of origin
Country
of
export
ProducerExporterAmount
Unit of
Measurement
Currency
(1)(2) (3) (4) (5) (6) (7) (8) (9)(10) (11)
1.8539
Compact
Fluorescent
Lamps*
Burner-Up to
10 watt
China
PR
China
PR
Foshan Electrical
and Lighting Co.
Ltd.
Foshan
Electrical
and
Lighting
Co. Ltd.
0.364Per pc USD
2.-do--do-
Burner-11 to
20 watt
China
PR
China
PR
Foshan Electrical
and Lighting Co.
Ltd.
Foshan
Electrical
and
Lighting
Co. Ltd.
0.397Per pc USD
3.-do--do-
Burner-21 to
26 watt
China
PR
China
PR
Foshan Electrical
and Lighting Co.
Ltd.
Foshan
Electrical
and
Lighting
Co. Ltd.
0.449Per pc USD
4.-do--do-
Burner-Up to
10 watt
China
PR
Any
Any combination
of producer and
exporter other
than at Sl. no.1
0.389 Per pcUSD
5.-do--do-
Burner-11 to
20 watt
China
PR
Any
Any combination
of producer and
exporter other
than at Sl. no.2
0.457 Per pcUSD
6.-do--do-
Burner-21 to
26 watt
China
PR
Any
Any combination
of producer and
exporter other
than at Sl. no.3
0.500 Per pcUSD
7.-do--do-
Burner-Up to
10 watt
Any
other
than
subject
countries
China
PR
Any Any 0.389Per pc USD
8.-do--do-
Burner-11 to
20 watt
Any
other
than
subject
countries
China
PR
Any Any 0.457Per pc USD
9.-do--do-
Burner-21 to
26 watt
Any
other
than
subject
countries
China
PR
Any Any 0.500Per pc USD
10.-do--do-
Finished lamp
Without choke
11 to 20 watt
China
PR
China
PR
Philips & Yaming
Lighting Co. Ltd.
Philips &
Yaming
Lighting
Co. Ltd.
0.992Per pc USD
11.-do--do-
Finished lamp
Without choke
11 to 20 watt
China
PR
China
PR
Any combination
of producer and
exporter other
than at Sl. no. 10
1.068 Per pcUSD
12.-do--do~
Finished lamp
Without choke
21 to 26 watt
China
PR
China
PR
Philips & Yaming
Lighting Co. Ltd.
Philips &
Yaming
Lighting
Co. Ltd.
1.622Per pc USD
13.-do--do-
Finished lamp
Without choke
21 to 26 watt
China
PR
China
PR
Any combination
of producer and
exporter other
than at Sl. no. 12
1.658 Per pcUSD
14.-do--do-
Finished lamp
Without choke-
11 to 20 watts
China
PR
Any
Any combination
of producer and
exporter other
than at Sl. no. 10
1.068 Per pcUSD
15.-do--do-
Finished lamp
Without choke-
21 to 26 watts
China
PR
Any
Any combination
of producer and
exporter other
than at Sl. no. 12
1.658 Per pcUSD
16.-do--do-
Finished lamp
Without choke-
11 up to 20
watts
Any
other
than
subject
countries
China
PR
Any Any 1.068Per pc USD
17.-do--do-
Finished lamp
Without choke-
21 up to 26
watt
Any
other
than
subject
countries
China
PR
Any Any 1.658Per pc USD
18.-do--do-
Finished lamp
With choke-
up to 10 watt
China
PR
China
PR
Philips & Yaming
Lighting Co. Ltd.
Philips &
Yaming
Lighting
Co. Ltd.
1.063Per pc USD
19.-do--do-
Finished lamp
With choke-
up to 10 watt
China
PR
China
PR
Osram China
Lighting Co. Ltd.
Osram
China
Lighting
Co. Ltd.
1.131Per pc USD
20.-do--do-
Finished lamp
With choke-
up to 10 watt
China
PR
Any
Any combination
of producer and
exporter other
than at Sl. no. 18
and Sl. no.19
1.501 Per pcUSD
21.-do--do-
Finished lamp
With choke-
up to 10 watt
Any
other
than
subject
countries
China
PR
Any Any 1.501Per pc USD
22.-do--do-
Finished lamp
With choke- 11
to 20 watt
China
PR
China
PR
Philips & Yaming
Lighting Co. Ltd.
Philips &
Yaming
Lighting
Co. Ltd.
1.251Per pc USD
23.-do--do-
Finished lamp
With choke- 11
to 20 watt
China
PR
China
PR
Osram China
Lighting Co. Ltd.
Osram
China
Lighting
Co. Ltd.
1.316Per pc USD
24.-do--do-
Finished lamp
With choke- 11
to 20 watt
China
PR
Any
Any combination
of producer and
exporter other
than at Sl. no. 22
and Sl. no.23
1.628 Per pcUSD
25.-do--do-
Finished lamp
With choke- 11
to 20 watt
Any
other
than
subject
countries
China
PR
Any Any 1.628Per pc USD
26.-do--do-
Finished lamp
With choke- 21
to 26 watts
China
PR
China
PR
Philips & Yaming
Lighting Co. Ltd.
Philips &
Yaming
Lighting
Co. Ltd.
1.880Per pc USD
27.-do--do-
Finished lamp
With choke- 21
to 26 watts
China
PR
Any
Any combination
of producer and
exporter other
than at Sl. no. 26
1.908 Per pcUSD
28.-do--do-
Finished lamp
With choke- 21
to 26 watts
Any
other
than
subject
countries
China
PR
Any Any 1.908Per pc USD
29.-do--do-
Burners up to
26 watts
VietnamAnyAny Any 0.452Per pc USD
30.-do--do-
Burners up to
26 watts
Any
other
than
subject
countries
VietnamAny Any 0.452Per pc USD
31.-do--do-
Finished lamp
Without choke
Up to 26 watt
VietnamAnyAny Any 0.479Per pc USD
32.-do--do-
Finished lamp
Without choke
Up to 26 watt
Any
other
than
subject
countries
VietnamAny Any 0.479Per pc USD
33.-do--do-
Finished lamp
With choke Up
to 26 watt
VietnamAnyAny Any 1.582Per pc USD
34.-do--do-
Finished lamp
With choke Up
to 26 watt
Any
other
than
subject
countries
VietnamAny Any 1.582Per pc USD
Explanation . - For the purposes of this notification, -
(a) Scope of the product subject to duty is Compact Fluorescent Lamps with or without ballast or control gear or choke,
whether or not assembled, either in completely knocked down or semi knocked down conditions, including unassembled
Compact Fluorescent Lamps without ballast or choke or control gear, sealed tubular shell with or without lamp base. Finished
compact fluorescent lamps are:
(i) integrated type with built in ballast or control gears or choke and
(ii) integrated type without built in control gears or ballast or choke.
(b) "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, 8B, 9 and 9A of the said Customs Tariff Act.
(c) rate of exchange applicable for the purposes of calculation of such 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 by section 14 of the Customs Act, 1962 (52 of 1962) 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.
(d) the anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the
provisional anti-dumping duty, that is, 21
st
November, 2008, and shall be payable in Indian currency.
[F. No: 354/43/2008- TRU]
(Unmesh Wagh)
Under Secretary to the Government of India
