WORLD TRADE  
ORGANIZATION  WT/DS306/3 
G/L/669/Add.1 
G/ADP/D52/2 
23 February 2006 
 (06-0764) 
 Original:   English 
  
 
INDIA – ANTI-DUMPING MEASURES ON BATTERIES FROM BANGLADESH 
 
Notification of Mutually Satisfactory Solution
 
  
 The following communication, dated 20 Februa ry 2006, from the delegation of Bangladesh 
and the delegation of India to the Chairman of th e Dispute Settlement Body, is circulated at the 
request of those delegations.  
_______________ 
 
  Bangladesh and India wish to notify the Dis pute Settlement Body that they have reached a 
mutually satisfactory solution to the matter rai sed by Bangladesh in document WT/DS306/1 dated 
2 February 2004.  The measure which was addressed  in the document referred to above has in the 
meantime been terminated by India's Customs Notification number 01/2005 dated 4 January 2005.  A 
copy of this notification is attached. 
    
  (signed) (signed) 
  Dr Toufiq Ali Ujal Singh Bhatia  Ambassador/Permanent Representative Ambassador/Permanent Representative   to the WTO to the WTO   for Bangladesh for India WT/DS306/3 
G/L/669/Add.1 G/ADP/D52/2 
Page 2 
  
  Customs Notification No-01/2005 dated 04.01.2005 
Definitive anti-dumping duty on import of lead acid batteries 
 
 
 WHEREAS, the designated authority, in the matter of import of lead acid batteries and falling under heading 8507 of the First Schedule to the Cu stoms Tariff Act, 1975 (51 of 1975) (hereinafter 
referred to as the subject goods) originating in or exported from Bangladesh, China PR, Republic of 
Korea (Korea RP) and Japan, (hereina fter referred to as the subject countries) and imported into India, 
the designated authority vide its final findings , No. 67/1/2002-DGAD dated the 7th December, 2001 
published in the Gazette of India, Extraordinary, Pa rt I, Section 1, dated the 7th December, 2001, had 
come to the conclusion that:   (i) lead acid batteries had been exported to India from the subject countries are below 
their normal value during the period of investigation; 
  (ii) the Indian industry had suffered material  injury and was further being threatened with 
material injury; 
  (iii) the injury had been caused by the dumped imports from China PR, Korea RP, Japan 
and Bangladesh;  
 and had recommended imposition of definitive anti-du mping duty, on all import of lead acid batteries 
originating in, or exported from the subject countries;  
 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 Re venue), No. 1/2002-Customs, dated the 2nd January, 
2002 published in Part II, Section 3, Sub-section (i) of  the Gazette of India, Extraordinary, dated the 
2nd January, 2002 (G.S.R. 3(E). Dated the 2nd January, 2002; 
 
 AND WHEREAS, the designated authority, vi de notification No. 15/8/2003-DGAD, dated 
the 18th March, 2004, has initiated review in the matter of continuation of anti-dumping duty on the 
subject goods imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue),No. 1/2002-Cu stoms, dated the 2nd January, 2002; 
 
 AND WHEREAS the designated authority vide its findings vide notification No. 15/8/2003-
DGAD, dated the 26th October, 2004 published in the Ga zette of India, Extraordinary, Part I, Section 
1 dated the 27th October 2004, in its re view proceedings has concluded that:  
  (i) lead acid batteries originating in, or ex ported from China PR and Korea RP have been 
exported to India below normal value, r esulting in dumping. However, the subject 
goods exported from Japan are above nor mal value. There is no export from 
Bangladesh during the period of investigation and hence the dumping margin could not be established; 
  (ii) the landed value of the dumped goods is  above the net sales realization and the non-
injurious price determined for the domestic industry; 
  (iii) the domestic industry has not suffered material injury due to dumped imports and 
discontinuation of anti-dumping duties on the subject goods from subject countries would not be likely to lead to the recurre nce of injury to the domestic industry;  WT/DS306/3 
 G/L/669/Add.1 
 G/ADP/D52/2 
 Page 3 
  
   
and has recommended discontinuation of the anti-dumping duties recommended earlier on all import of lead acid batteries classified under tariff ite ms 8507 10.00 and 8507 20 00 of the Customs Tariff 
Act, 1975 originating in, or exported from the subject countries; 
  NOW, THEREFORE, in exercise of powers confe rred by sub-section (2) of section 9A of the 
Customs Tariff Act, 1975 (51 of 1975), read with rules 13 and 20 of the Customs Tariff (Identification, Assessment and Collector of Anti-dumping Duty on Dumped Articles and for 
Determination of Injury) Rules, 1995, the Central Government hereby rescinds the notification of the 
Government of India in the Ministry of Finance (Department of Revenue), No. 1/2002-Customs dated the 2nd January, 2002, published in  Part II, Section 3, sub-section (i) of the Gazette of India, 
Extraordinary, dated the 2nd January 2002, vide number G.S.R. 3(E), dated the 2nd January 2002, 
except as respects things done or omitted to be done before such rescission. 
 
[F.No. 354/200/2001-TRU]   
(V. Sivasubramanian) 
Deputy Secretary of the Government of India 
 
 
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