Sodium Thripoly Phosphate
from China – Dumping Duty Slashed on Final Findings
[Customs Notification No.
58 dated 8th July 2011]
Whereas in the matter of imports
of Sodium Tripoly
Phosphate (STPP) (hereinafter referred to as the subject goods), falling under
sub- heading 2835 31 00 of the First Schedule to the Customs Tariff Act, 1975
(51 of 1975), originating in, or exported from, People’s Republic of China
(hereinafter referred as the subject country) and imported into India, the
designated authority vide its preliminary findings notification No. 14/25/2009–DGAD, dated the 21st May, 2010,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 21st May, 2010 , had come to the
conclusion that-
(a) the
subject goods had entered the Indian market from the subject country at prices
less than their normal values in the domestic market of the exporting country;
(b) the
dumping margins of the subject goods imported from the subject country were
substantial and above de minimis (2%);
(c) the domestic industry had
suffered material injury and the injury had been caused to the domestic
industry, both by volume and price effect of dumped imports of the subject
goods originating in or exported from the 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 No. 96/2010-Customs,
dated the 21st September published in the Gazette of India, Extraordinary Part
II, Section 3, Sub-section (i), vide number G.S.R. 773 (E), dated the 21st
September, 2010;
And whereas, the designated
authority, vide its final findings notification No. 14/25/2009-DGAD dated the 3rd
May, 2011, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 3rd May, 2011, had come to the conclusion that-
(a) the
subject goods had entered the Indian market from the subject country at prices
less than their normal values in the domestic market of the exporting country;
(b) the
dumping margins of the subject goods imported from the subject country were
substantial and above de minimis (2%);
(c) the domestic industry had
suffered material injury and the injury had been caused to the domestic industry,
both by volume and price effect of dumped 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 said Customs Tariff Act, 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 findings of the designated authority,
hereby imposes definitive anti- dumping duty 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 country specified in the
corresponding entry in column (4), and exported from the country specified in
the corresponding entry in column (5) and produced by the producer specified in
the corresponding entry in column (6) and exported by the exporter specified in
the corresponding entry in column (7), and imported into India, an anti-dumping
duty at the rate equal to the amount indicated 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 |
||||||||||
S. No. |
Sub
Heading |
Description
of Goods |
Country of
Origin |
Country of
Export |
Producer |
Exporter |
Duty Amount
|
Unit of Measurement |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
1. |
2835 31 00 |
Sodium Tripoly
Phosphate (STPP) |
China
PR |
China
PR |
Yibin Tianlan Chemical Co., Ltd. |
Yibin Tianyuan Group Co., Ltd |
0.293 |
Kg |
USD |
|
2. |
2835 31 00 |
Sodium Tripoly
Phosphate (STPP) |
China
PR |
China
PR |
Sichuan
Blue Sword Chuanxi Phosphochemicals
Co., Ltd. |
Sichuan
Blue Sword Import & Export Co., Ltd. |
0.238 |
Kg |
USD |
|
3. |
2835 31 00 |
Sodium Tripoly
Phosphate (STPP) |
China
PR |
China
PR |
Any
Combination of producer and exporter other than Sl. No. 1 & 2 |
0.556 |
Kg |
USD |
||
4. |
2835 31 00 |
Sodium Tripoly
Phosphate (STPP) |
China PR |
Any
country other than China PR |
Any |
Any |
0.556 |
Kg |
USD |
|
5. |
2835 31 00 |
Sodium Tripoly
Phosphate (STPP) |
Any
country other than China PR |
China PR |
Any |
Any |
0.556 |
Kg |
USD |
|
2. The anti-dumping duty imposed shall be
effective 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, the 21st September, 2010, 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.354/106/2010 –TRU (Pt)