Anti-dumping Duty
on Red Phosphorus from China at $1.20 per kg
[Customs
Notification No. 13(ADD) dated 19th March 2014]
Whereas in the matter of ‘Red Phosphorous, excluding red phosphorous used
in electronic applications’ (hereinafter
referred to as the subject goods), falling under Chapter 28 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to
as the said Customs Tariff Act), 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 final findings
published in the Gazette of India, Extraordinary, Part I, Section 1,vide notification number 14/12/2012-DGAD
dated the 27th December, 2013, had come to
the conclusion that –
(a) the subject goods have been exported to India from the subject country
below normal value, thus resulting in
the dumping of the product in the country;
(b) the
domestic industry has suffered material injury;
(c) the
material injury to the domestic industry has been caused by the dumped imports
of subject goods from the subject country;
And whereas, the designated
authority in its aforesaid findings has recommended imposition of definitive
anti-dumping duty on imports of the subject goods, originating in or exported
from the subject country and imported into
India, in order to remove injury to the domestic industry;
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 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, 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,
falling under tariff item 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 (4), and exported from the countries as
specified in the corresponding entry in column (5), and produced by the
producers as specified in the corresponding entry in column (6), and exported
by the exporters as specified in the corresponding entry in column (7), and
imported into India, an anti-dumping
duty at the rate equal to the amount
as specified in the corresponding entry in column (8) in the currency as specified
in the corresponding entry in column (10) and as per unit of measurement as
specified in the corresponding entry in column (9) of the said Table.
|
Table |
|||||||||
|
Sl.No. |
Tariff Item |
Description of goods |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
1 |
2804
70 20 |
Red
Phosphorus excluding red phosphorous used in electronic applications |
People’s Republic of China |
People’s Republic of China |
Any |
Any |
1.20 |
Kg |
US
Dollar |
|
2 |
2804
70 20 |
Red
Phosphorus excluding red phosphorous used in electronic applications |
People’s Republic of China |
Any |
Any |
Any |
1.20 |
Kg |
US
Dollar |
|
3 |
2804
70 20 |
Red
Phosphorus excluding red phosphorous used in electronic applications |
Any |
People’s Republic of China |
Any |
Any |
1.20 |
Kg |
US
Dollar |
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.354/38/2014-TRU