Anti-dumping Duty on Non Agro Grade Phosphoric
Acid from Korea Slashed by $25.52/MT in Review, Revised New ADD $137 per MT for
Five More Years
[Notification No. 26/2020 -Customs
(ADD)
dated 21 August 2020]
G.S.R. (E). –
Whereas,
the designated authority, vide notification No.
7/28/2019- DGTR, dated the 27th December, 2019, published in the Gazette of India, Extraordinary, Part I,
Section 1, had initiated a review in the matter
of continuation of anti-dumping duty on imports
of Phosphoric Acid of all
grades
and all concentrations
(excluding Agriculture/Fertilizer
grade) (hereinafter
referred to as the subject goods) falling under tariff
item 2809 20 10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act),
originating in or exported from
Korea
RP (hereinafter referred to as
the subject country), imposed vide notification of the Government of
India, in the Ministry of Finance
(Department of Revenue)
No. 45/2015-Customs (ADD), dated the
24th August, 2015, published
in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.
652(E), dated the 24th August, 2015;
And whereas, in the
matter of review of anti-dumping duty on import of the subject goods, originating in or exported from the subject country, the designated authority in its final findings,
published vide notification No. 7/28/2019-DGTR, dated the 6th August, 2020, in the Gazette of
India, Extraordinary,
Part I, Section 1, has
come to the conclusion
that-
(i) there is continued dumping of the subject goods from subject country and the imports are likely to
enter the Indian market
at dumped prices in the event
of expiry of duty;
(ii)
the domestic industry
has suffered continued injury on account of dumped imports from
the subject country;
(iii) the information on record shows likelihood of continuation of dumping and injury in case
the anti-dumping duty in
force is allowed to cease at this
stage;
(iv) there is sufficient evidence to indicate that the revocation of anti-dumping duty at this
stage will lead to continuation
of dumping and injury to the Domestic Industry,
and
has recommended imposition of
anti-dumping duty on 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, read
with rules 18 and
23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for
Determination of Injury) Rules,
1995, and in supersession of
the notification of
the Government of India,
in the Ministry of Finance (Department of Revenue) No. 45/2015-Customs (ADD), dated
the 24th August, 2015, published in the Gazette of India, Extraordinary,
Part
II, Section 3, Sub-section (i) vide number G.S.R. 652(E), dated the 24th August, 2015, 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, specification of
which is specified in column (4), 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
country as specified in the
corresponding entry in column (5), exported from the country as specified in the
corresponding entry in column (6), produced by the producers 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 (9) and
as per unit of measurement as
specified in the corresponding entry in column
(10) of the said Table, namely:-
|
Table |
|||||||||
|
S.
No. |
Tariff
Item |
Description
of goods |
Specification |
Country of origin |
Country of export |
Producer |
Duty amount |
Currency |
Unit of measurement |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
1. |
2809
20 10 |
Phosphoric
Acid |
All grades
and all concentrations (excluding
Agriculture/Fertilizer
Grade) |
Korea RP |
Any Country
including
Korea RP |
Any |
137 |
US Dollar |
Metric
Tonne |
|
2. |
2809
20 10 |
Phosphoric
Acid |
All grades
and all concentrations
(excluding
Agriculture/Fertilizer
Grade) |
Any Country
other than Korea
RP |
Korea RP |
Any |
137 |
US Dollar |
Metric
Tonne |
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.354/108/2009-TRU (Pt. II)]