Guangxi Quinzhou Capital Success Chemical Lose in New Shipper Review in Phosphoric Acid Case – Duty in 2013 Notification to Apply

· Guangxi Qinzhou Capital Success Chemical Co. Ltd. through letter dated the 10^th November, 2017 (filed through their legal representative M/s APJ-SLG Law offices) have withdrawn their application for New shipper review and in view of this, the designated authority decided not to carry out any individual determination under rule 22 of the said rules and terminated the New shipper review vide notification No. 15/5/2016-DGAD, dated the 23^rd November, 2017 and therefore, the notification No. 33/2013- Customs (ADD) dated the 31th December, 2013 will apply to all concerned producers/exporters without any change.

· Notification No. 8/2017– Customs (ADD) dated 15^th March, 2017 Rescinded

[Notification No. 18/2018-Customs (ADD) dated 6 April 2018]

Whereas, in the matter of import of Phosphoric Acid-Technical Grade and Food Grade (including Industrial Grade) [hereinafter referred to as the subject goods], falling under the sub-heading 2809 20 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 to as the subject country), the designated authority, vide its final findings in 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 had 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;

And Whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods, vide, notification of the Government of India in the Ministry of Finance (Department of Revenue), No.33/2013- Customs (ADD), dated the 31st December, 2013, published vide number G.S.R. 811(E) in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 31st December, 2013;

And Whereas, M/s. Guangxi Quinzhou Capital Success Chemical Co. Ltd. (producer or exporter) have requested for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said rules), in respect of exports of the subject goods made by them, and the designated authority, vide new shipper review notification No.15/5/2016-DGAD, dated the 9th February, 2017, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 9th February, 2017, has recommended provisional assessment of all exports of the subject goods made by the above stated party till the completion of the review by it. On the basis of above findings, Central Government had notified the provisional assessment of all exports of the subject goods made by the M/s. Guangxi Quinzhou Capital Success Chemical Co. Ltd. (producer or exporter) till the completion of the review, vide, notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 8/2017– Customs (ADD) dated 15^th March, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 249 (E), dated the 15^th March, 2017;

And Whereas, M/s Guangxi Qinzhou Capital Success Chemical Co. Ltd. through letter dated the 10^th November, 2017 (filed through their legal representative M/s APJ-SLG Law offices) have withdrawn their application for New shipper review and in view of this, the designated authority decided not to carry out any individual determination under rule 22 of the said rules and terminated the New shipper review vide notification No. 15/5/2016-DGAD, dated the 23^rd November, 2017 and therefore, the notification No. 33/2013- Customs (ADD) dated the 31th December, 2013 will apply to all concerned producers/exporters without any change.

Now, therefore, in exercise of the powers conferred by sub-section (1) and sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), read with rules 18, 20 and 22 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 hereby rescinds the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 8/2017– Customs (ADD) dated 15^th March, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 249 (E), dated the 15^th March, 2017.

[F. No. 354/70/2018-TRU]