Phosphoric
Acid from China – Final Findings – See Ntfn 33-ADD/31.12.2013 for Details
Ntfn 17 Whereas in the matter of import of
19.02.2008 phosphoric acid, technical
grade or
food grade including
industrial grade (hereinafter referred to as the subject goods), falling under
sub-heading 2809 20 of the First Schedule to the Customs Tariff Act, 1975 (51
of 1975), originating in, or exported from, the People’s Republic of China
(hereinafter referred to as the subject country) and imported into India, the
designated authority in its preliminary findings vide notification
No.14/7/2006-DGAD dated the 22nd August, 2007, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 23rd August, 2007, had come to the
conclusion that-
(a) the subject goods had been exported to India from the subject
country below its normal value;
(b) the domestic industry had suffered material injury;
(c) the injury had been caused by the dumped imports from subject
country;
and
had recommended imposition of provisional anti-dumping duty on the imports of
subject goods, originating in, or exported from, the subject country.
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 of the Government of India in the Ministry of
Finance (Department of Revenue), No. 104/2007-Customs, dated the 14th September, 2007, published in the
Gazette of India vide number G.S.R. 600(E), dated the 14th September, 2007;
And whereas, the designated authority in its final findings vide
notification No. 14/7/2006 -DGAD, dated the 3rd January, 2008,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
3rd January, 2008, has come to the conclusion that-
(a) the subject goods have been exported to India from the subject
country below its normal value;
(b) the domestic industry has suffered material injury;
(c) the injury has been caused by the dumped imports from subject
country;
and has recommended the imposition of definitive anti-dumping duty on
imports of 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, 1975 (51 of 1975), 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 sub-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) of
the said Table, originating in the country specified in the corresponding entry
in column (5), and exported from the country specified in the corresponding
entry in column (6) and produced by the producer specified in the corresponding
entry in column (7) and exported by the exporter specified in the corresponding
entry in column (8), and imported into India, an anti-dumping duty at the rate
equal to the amount indicated in the corresponding entry in column (9), 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
|
SNo. |
Sub- heading |
Description of
goods |
Specification |
Country of
origin |
Country of
export |
Producer |
Exporter |
Duty amount |
Unit of
Measure-ment |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1 |
2809 20 |
Phosphoric Acid |
Technical, Industrial or Food Grade (including
industrial grade) |
People’s Republic of China |
People’s Republic of China |
Any |
M/s Yunnan Chemphos Corp. |
205.28 |
MT |
US$ |
|
2 |
2809 20 |
Phosphoric Acid |
Technical, Industrial or Food Grade (including
industrial grade) |
People’s Republic of China |
People’s Republic of China |
Any |
Any other than above |
242.77 |
MT |
US$ |
|
3 |
2809 20 |
Phosphoric Acid |
Technical, Industrial or Food Grade (including industrial
grade) |
People’s Republic of China |
Any other than above |
Any |
Any |
242.77 |
MT |
US$ |
|
4 |
2809 20 |
Phosphoric Acid |
Technical, Industrial or Food Grade (including
industrial grade) |
Any other than above |
People’s Republic of China |
Any |
Any |
242.77 |
MT |
US$ |
2. 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, the 14th September, 2007, and shall be
payable in Indian currency.
3. Notwithstanding anything contained herein above, this notification shall remain in force up to and inclusive of the12th September, 2013, unless revoked earlier”. [Clause Inserted by 45-ADD/25.09.2012]
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 1062), 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.354/87/2007 –TRU]