Another Five Years of Anti-dumping Duty on Non Fertiliser Grade
Phosphoric Acid from Israel and Taiwan – Duty Slashed in Israel Cases
[Customs Notification No. 19 (ADD)
dated 4th April 2012]
Whereas, in the matter of import of Phosphoric Acid of all grades and all concentrations (excluding Agriculture/FertilizerGrade) (hereinafter referred to as the subject
goods), falling under tariff item 28092010 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, Israel and Taiwan (hereinafter
referred to as the subject countries) and imported into India, the designated
authority, vide its preliminary findings No. 14/44/2010-DGAD, dated the 25th October,
2011, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 25th October, 2011, had come to the conclusion that-
(a) the subject goods had been exported to
India from the subject countries below its normal value;
(b) the domestic industry had suffered
material injury in respect of the subject goods;
(c) the material injury to the domestic
industry had been caused by the dumped imports of the subject goods from the
subject countries,
and had recommended imposition of
provisional anti-dumping duty on the imports of subject goods, 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 provisional anti-dumping duty on the subject goods, vide
notification of the Government of India in the Ministry of Finance (Department
of Revenue), No.4/2012–Customs (ADD), dated the 13th January, 2012,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide number G.S.R. 14(E), dated the 13th
January, 2012;
And, whereas, the designated authority
in its final findings vide notification No.14/44/2010 -DGAD, dated the 2nd February,
2012, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 2nd February, 2012, had come to the conclusion that-
(a) the subject goods had been exported to
India from the subject countries below its normal value;
(b) the domestic industry had suffered
material injury in respect of the subject goods;
(c) the material injury to the domestic
industry had been caused by the dumped imports of the subject goods from the
subject countries,
and has recommended the imposition of
definitive anti-dumping duty on imports of the subject goods originating in or
exported from the subject countries;
Now, therefore, in exercise of the
powers conferred by sub-section (1) of section 9A of the said 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, on the basis of
the aforesaid 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), 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 per unit of
measurement as specified in the corresponding entry in column (9) of the said
Table.
|
Table |
|||||||||
|
SNo. |
Tariff
item |
Description
of goods |
Country of
origin |
Country of exports |
Producer |
Exporter |
Amount |
Unit
of measurement |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
1 |
28092010 |
Phosphoric
Acid of all grades and
concentrations
(excluding Agriculture/Fertiliser Grade) |
Israel |
Israel |
M/s Rotem Amfert Negev.
Ltd. |
M/S Israel
Chemicals Limited |
174.06 |
MT |
US
dollar |
|
2 |
28092010 |
-do- |
Israel |
Israel |
Any combination of producer& exporter
except at Sr. No.1 |
194.51 |
MT |
US
dollar |
|
|
3 |
28092010 |
-do- |
Any country other than countries attracting
Anti-dumping duty |
Israel |
Any |
Any |
194.51 |
MT |
US
dollar |
|
4 |
28092010 |
-do- |
Israel |
Any other than Israel |
Any |
Any |
194.51 |
MT |
US
dollar |
|
5 |
28092010 |
-do- |
Taiwan |
Taiwan |
Any |
Any |
116.45 |
MT |
US
dollar |
|
6 |
28092010 |
-do- |
Any country other than countries attracting
Anti-dumping duty |
Taiwan |
Any |
Any |
116.45 |
MT |
US
dollar |
|
7 |
28092010 |
-do- |
Taiwan |
Any other than Taiwan |
Any |
Any |
116.45 |
MT |
US
dollar |
2. The anti-dumping duty imposed shall be levied for a period of five
years (unless revoked, superseded or amended earlier) from the date of
imposition of the provisional anti-dumping duty, that is, 13th
January, 2012 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.354/309/2011
–TRU]