CFL in CKD/SKD Condition from China, Sri Lanka and
Vietnam – Final Findings
Ntfn 55 Whereas, in the matter of import of
Compact Fluorescent Lamps (CFL) with or without ballast or control gear or
26.05.2009 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 21st 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 21st November, 2008;
And whereas, the
designated authority, in its final findings vide notification No. F. No.
14/1/2007-DGAD, dated the 27th February, 2009, published in
the Gazette of India, Extraordinary, Part I, Section I, dated the 27th
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 No |
Heading |
Description |
Specification and Sub specification |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit of Measure-ment |
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. |
0.364 |
Per 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. |
0.397 |
Per 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. |
0.449 |
Per 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 pc |
USD |
|
|
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 pc |
USD |
|
|
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 pc |
USD |
|
|
7. |
-do- |
-do- |
Burner-Up to 10 watt
|
Any other than
subject countries |
China PR |
Any |
Any |
0.389 |
Per pc |
USD |
|
8. |
-do- |
-do- |
Burner-11 to 20 watt
|
Any other than
subject countries |
China PR |
Any |
Any |
0.457 |
Per pc |
USD |
|
9. |
-do- |
-do- |
Burner-21 to 26 watt
|
Any other than
subject countries |
China PR |
Any |
Any |
0.500 |
Per 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. |
0.992 |
Per 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 pc |
USD |
|
|
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. |
1.622 |
Per 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 pc |
USD |
|
|
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 pc |
USD |
|
|
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 pc |
USD |
|
|
16. |
-do- |
-do- |
Finished lamp
Without choke- 11 up to 20 watts |
Any other than
subject countries |
China PR |
Any |
Any |
1.068 |
Per pc |
USD |
|
17. |
-do- |
-do- |
Finished lamp
Without choke- 21 up to 26 watt |
Any other than
subject countries |
China PR |
Any |
Any |
1.658 |
Per 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. |
1.063 |
Per 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. |
1.131 |
Per 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 pc |
USD |
|
|
21. |
-do- |
-do- |
Finished lamp With
choke- up to 10 watt |
Any other than
subject countries |
China PR |
Any |
Any |
1.501 |
Per 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. |
1.251 |
Per 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. |
1.316 |
Per 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 pc |
USD |
|
|
25. |
-do- |
-do- |
Finished lamp With
choke- 11 to 20 watt |
Any other than
subject countries |
China PR |
Any |
Any |
1.628 |
Per 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. |
1.880 |
Per 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 pc |
USD |
|
|
28. |
-do- |
-do- |
Finished lamp With
choke- 21 to 26 watts |
Any other than
subject countries |
China PR |
Any |
Any |
1.908 |
Per pc |
USD |
|
29. |
-do- |
-do- |
Burners up to 26
watts |
Vietnam |
Any |
Any |
Any |
0.452 |
Per pc |
USD |
|
30. |
-do- |
-do- |
Burners up to 26
watts |
Any other than
subject countries |
Vietnam |
Any |
Any |
0.452 |
Per pc |
USD |
|
31. |
-do- |
-do- |
Finished lamp
Without choke Up to 26 watt |
Vietnam |
Any |
Any |
Any |
0.479 |
Per pc |
USD |
|
32. |
-do- |
-do- |
Finished lamp
Without choke Up to 26 watt |
Any other than
subject countries |
Vietnam |
Any |
Any |
0.479 |
Per pc |
USD |
|
33. |
-do- |
-do- |
Finished lamp With
choke Up to 26 watt |
Vietnam |
Any |
Any |
Any |
1.582 |
Per pc |
USD |
|
34. |
-do- |
-do- |
Finished lamp With
choke Up to 26 watt |
Any other than
subject countries |
Vietnam |
Any |
Any |
1.582 |
Per 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, 21st November, 2008, and
shall be payable in Indian currency.
[F. No: 354/43/2008- TRU]