Another Five Years of Anti-dumping on Phosphoric Acid from China –
Duty Raised in Review
[Customs
Notification No. 33 (ADD) dated 31st December 2013]
Whereas,
the designated authority vide notification No. 15/1010/2012-DGAD, dated the 10th
September, 2012, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 10th September, 2012, had initiated review in
terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of
1975) (hereinafter referred to as the Customs Tariff Act), read with rule 23 of
the Customs Tariff (Identification, Assessment and Collection of Anti-dumping
Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in the
matter of continuation of anti-dumping duty on imports of Phosphoric
Acid-Technical Grade and Food Grade (including Industrial Grade), falling under
Sub-heading 280920 of the First Schedule to the Customs Tariff Act, originating
in, or exported from, People’s Republic of China, imposed vide
notification of the Government of India, in the Ministry of Finance (Department
of Revenue) No. 17/2008-Customs, dated
the 19th February, 2008, published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.96
(E), dated the 19th
February, 2008, read with notification of the Government of India, in
the Ministry of Finance (Department of Revenue)No. 45/2012-Customs (ADD), dated the 25th September, 2012,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide number G.S.R. 716 (E), dated the 25th September, 2012;
And whereas the designated authority, in its final
findings in Sunset Review vide
notification No. 15/1010/2012-DGAD, dated the 8th November, 2013,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
8th November, 2013, has come to the conclusion that-
(i) the subject goods are entering the Indian
market at dumped and injurious prices;
(ii) the imports of the subject goods from the
subject country continued to be at dumped price in spite of existing anti
dumping duties
(iii) in the event of cessation of the
existing anti dumping duty, there is likelihood that the subject country will
divert the subject goods to India at dumped and injurious price.
and
has recommended continued imposition of definitive anti-dumping duty on
modified rates on imports of the subject goods originating in, or exported
from, the subject country.
Now,
therefore, in exercise of the powers conferred by sub-section (1), read with
sub-section (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, the Central Government,
on the basis of the aforesaid findings and recommendation of the designated authority, hereby imposes
anti- dumping duty on the goods, the description of which is specified in
column (3) of the following Table, specification of which is specified in
column (4) of the said Table, falling
under Sub-heading of the First Schedule to the Customs Tariff Act as specified
in the corresponding entry in column (2),originating in the country specified
in the corresponding entry in column (5), exported from the country specified
in the corresponding entry in column (6), produced by the producer specified in
the corresponding entry in column (7), 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 as specified 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 aforesaid Table, namely:-
|
Table |
||||||||||
|
Sl. No. |
Sub-heading
|
Description of goods |
Specification |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit of measurement |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1. |
280920 |
Phosphoric Acid |
Technical Grade and Food Grade (including
industrial Grade) |
People’s Republic of China |
People’s Republic of China |
Any |
Any |
249.38 |
MT |
US Dollar |
|
2. |
280920 |
Phosphoric Acid |
Technical Grade and Food Grade (including industrial
Grade) |
People’s Republic of China |
Any other than People’s Republic of China |
Any |
Any |
249.38 |
MT |
US Dollar |
|
3 |
280920 |
Phosphoric Acid |
Technical Grade and Food Grade (including
industrial Grade) |
Any other than People’s Republic of China |
People’s Republic of China |
Any |
Any |
249.38 |
MT |
US Dollar |
2. The
anti-dumping duty imposed under this notification shall be effective for a
period of five years (unless revoked, amended and superseded earlier) from the
date of publication of this notification in the Official Gazette, and shall be
payable 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.354/87/2007-TRU
(Pt-I)]