CFL in CKD/SKD Condition from China – Duty Slashed to $0.302 per pc after Review

Sri Lanka and Vietnam Out of the Net

[Customs Notification No. 34 (ADD) dated 28^th July 2015]

Whereas, the designated authority vide notification No. 15/22/2013-DGAD dated 14^th November 2013, published in the Gazette of India, Extraordinary, Part I, Section 1, had initiated a review in the matter of continuation of anti-dumping duty on imports 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)[hereinafter referred to as the Customs Tariff Act], originating in, or exported from the People’s Republic of China (hereinafter referred to as the subject country), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 55/2009-Customs, 26^th May, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 360(E), dated the 26^th May, 2009;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in or exported from the subject country upto and inclusive of the 20^th day of November, 2014, vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 02/2014-Customs (ADD), dated the 3^rd January, 2014, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R 4(E), dated the 3^rd January, 2014;

And whereas, in the matter of review of anti-dumping duty on import of the subject goods, originating in or exported from the subject country, the designated authority in its final findings, published vide notification No. 15/22/2013-DGAD dated the 11^th May, 2015, in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that-

(i) Subject goods exported from the subject country are at prices below their normal value, thus resulting in dumping;

(ii) Subject goods originating in subject country are taking place at dumped prices and are likely to cause material injury to the domestic industry in the event of cessation of anti-dumping duty;

(iii) Subject goods exported from the subject country are at prices below cost of production, Non Injurious Price and selling price of the domestic industry, and are likely to cause injury to the domestic industry in the event of cessation of anti-dumping duty;

(iv) Injury to the domestic industry is likely from the dumped imports from the subject country in the event of cessation of anti-dumping duty,

and has recommended imposition of the anti-dumping duty on the subject goods, originating in or exported from the subject country.

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act read with rules 18 and 23 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, after considering the aforesaid final findings of the designated authority, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, specification of which is specified in column (4), falling under heading of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), originating in the countries as specified in the corresponding entry in column (5), exported from the countries as specified in the corresponding entry in column (6), produced by the producers as specified in the corresponding entry in column (7), 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 amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and as per unit of measurement as specified in the corresponding entry in column (10) of the said Table, namely:-

Table
S. No.	Heading	Description of goods	Specification and sub specification	Country of origin	Country of exports	Producer	Exporter	Amount	Unit of measurement	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	8539	Compact Fluorescent Lamps	Any upto 26 Watts	People’s Republic of China	Any	Any	Any	0.302	Per pc	US Dollar
2.	8539	Compact Fluorescent Lamps	Any upto 26 Watts	Any	People’s Republic of China	Any	Any	0.302	Per pc	US Dollar

Note:- 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, and finished Compact Fluorescent Lamps are,-

(a) integrated type with built in ballast or control gears or choke; and

(b) integrated type without built in control gears or ballast or choke.

2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette and shall be paid in Indian currency.

Explanation.- For the purposes of this notification, 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.

[F. No.354/43/2008-TRU(Pt.-I)]