CFL from China and Hong Kong – Final Findings
Ntfn 138 Whereas in the matter of import of
10.12.2002 Compact Fluorescent Lamps
(hereinafter referred
to as CFL), falling under sub-heading 8539.31 of the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from
People’s Republic of China 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 2nd November, 2001, had come to the
conclusion that -
(a) the imports of CFL into India from People’s Republic of
China and Hong Kong have increased quite significantly both in absolute terms
and relative to consumption in India;
(b) the sale of domestic industry has declined significantly;
(c) the domestic
sale prices are suffering from both price suppression and price depression due
to dumped imports from People’s Republic of China and Hong Kong;
(d) the production has remained more or less static during
period of investigation;
(e) closing stocks has gone up by around 145% during period of
investigation over previous year;
(f) the capacity utilisation during
the period of investigation was as low as 20% (after taking into account the
increased capacity);
(g) the domestic industry has suffered losses during the period
of investigation,
and had considered it necessary to impose anti-dumping
duty, provisionally, pending final determination, on all imports of CFL,
originating in or exported from People’s Republic of China and Hong Kong;
AND WHEREAS on the basis of the aforesaid findings of
the Designated Authority, the Central Government had imposed provisionally an
anti-dumping duty vide notification No. 128/2001-Customs, dated the 21st December, 2001, published in Part II, Section 3,
Sub-section (i) of the Gazette of India,
Extraordinary, dated the 21st December, 2001 vide No. G.S.R. 916 (E), dated the 21st December, 2001;
AND WHEREAS the Designated Authority, vide its final
findings, published in the Gazette of India, Extraordinary, Part I, section 1,
dated the 14th November, 2002 has come to the conclusion that-
(a) CFL
originating in or exported from People’s Republic of China and Hong Kong have
been exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury from
exports of subject goods from People’s Republic of China and Hong Kong;
(c) the injury has been caused cumulatively by the dumped
imports from People’s Republic of China and Hong Kong;
(d) in case of exports of CFL with choke by M/s Philips & Yaming, People’s Republic of China, causal link could not
be established, as the landed value of such exports was more than the
non-injurious price,
and has proposed to impose definitive anti-dumping
duty, on all imports of CFL, except the exports of CFL, both with and without
choke, by M/s Philips & Yaming, People’s Republic
of China, originating in, or exported from, People’s Republic of China and Hong
Kong;
Now, therefore, in exercise of the powers conferred by
sub-section (1) and (5) of Section 9A of the said Customs Tariff Act, read with
rule 18 and rule 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 above findings
of the designated authority, hereby imposes on Compact Fluorescent Lamps
falling under Chapter 85 of the First Schedule to the said Customs Tariff Act,
originating in or exported from the country specified in column (2) of the
Table annexed hereto, when exported by exporter mentioned against the
corresponding entry in column (3) of the said Table, and imported into India,
an anti-dumping duty at the rate which is equivalent to the difference between
the amount mentioned in corresponding entries in column (4) or column (5) of
the said Table, and the landed value of the imports per unit in US$.
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the anti-dumping duty, i.e. the 21st December, 2001 and shall be payable in Indian currency;
Provided that in the case of export of CFL with choke,
originating in, or exported from Hong Kong, the anti-dumping duty imposed under
this notification shall be effective from the date of issue of this
notification in the Official Gazette.
Explanation. - For the purposes of this notification,-
(a) “landed value” means the assessable value as
determined under the Customs Act, 1962 (52 of 1962) and includes all duties of
customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said
Customs Tariff Act.
(b) rate of exchange applicable for the purposes of
calculation of such anti-dumping duty shall be the rate, which is specified in
the notification of the Government of India in the Ministry of Finance
(Department of Revenue), issued from time to time, in exercise of the powers
conferred under sub-clause (i) of clause (a) of
sub-section (3) of section 14 of the said Customs Act and the relevant date for
determination of the rate of exchange shall be the date of presentation of the
bill of entry under section 46 of the said Customs Act.
Table |
||||
SNo |
Country |
Name
of the producer/exporter |
Amount per unit in US$ |
|
|
|
|
Without
choke |
With choke |
(1) |
(2) |
(3) |
(4) |
(5) |
1. |
Peoples Republic of China |
M/s Philip & Yaming Lighting Co. Ltd. M/s Hangzhou Feihua Lighting & Electrical Appliance Co. Ltd (Through M/s CMEC Engineering Machinery Import & Export Co. Ltd) All other exporters |
Not applicable 1.256 1.256 |
Not applicable 1.845 3.125 |
2. |
Hong Kong |
All exporters |
1.256 |
3.125 |