Anti-dumping Duty Imposed on Phosphorus Pentoxide
from China
[Customs
Notification No. 19 (ADD) dated 6th April 2018]
Whereas
in the matter of “Phosphorus Pentoxide” (hereinafter referred
to as ‘the subject goods’) falling under tariff item 2809 10 00 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 China PR
(hereinafter referred to as the subject country), and imported into India, the
designated authority in its final findings vide notification number
No.14/47/2016-DGAD dated the 05th March, 2018, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 05th March, 2018, has come
to the conclusion that–
(a)
The product under consideration has been exported to India from the subject
country below the normal value;
(b)
The domestic industry has suffered material injury on account of dumped imports
from the subject country;
And,
whereas, the designated authority has recommended the imposition of definitive
anti-dumping duty on the imports of subject goods, originating in or exported
from the subject country and imported into India, in order to remove injury to
the domestic industry.
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 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, after considering the aforesaid final findings of the designated
authority, hereby imposes definitive anti-dumping duty on the subject goods,
the description of which is specified in column (3) of the Table below, 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 (4), exported from the country
as specified in the corresponding entry in column (5), produced by the
producers as specified in the corresponding entry in column (6), exported by
the exporters as specified in the corresponding entry in column (7), and imported
into India, a definitive anti-dumping duty as the difference between the amount
indicated in column (8) and per unit landed value of the subject goods,
provided that the per unit landed value is less than the value indicated in
column (8) and per unit of measurement as specified in the corresponding entry
in column (9) of the said Table, namely:-
|
Table |
||||||||
|
S.N. |
Tariff Item |
Description of Goods |
Country of Origin |
Country of Export |
Producer |
Exporter |
Amount in US$ |
UOM (Unit of Measurement) |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
|
1 |
28091000 |
Phosphorus Pentoxide
|
China PR |
China PR |
Changzhou City
Qishuyan Fine Chemicals Co. Ltd. (Quishuyan) |
Changzhou City
Qishuyan Fine Chemicals Co. Ltd. (Quishuyan) |
1685.42 |
MT |
|
2 |
28091000 |
Phosphorus Pentoxide
|
China PR |
China PR |
Anhui
Longhua Chemical Industry Company Ltd. (Earlier
Known as M/S Chizhou Longhua
Pharmachem Co. Ltd.) |
Anhui Longhua
Chemical Industry Company Ltd. (Earlier Known as M/S Chizhou
Longhua Pharmachem Co.
Ltd.) |
1685.42 |
MT |
|
3 |
28091000 |
Phosphorus Pentoxide |
China PR |
China PR |
Any other than (1) and (2) above |
1685.42 |
MT |
|
|
4 |
28091000 |
Phosphorus Pentoxide |
China PR |
China PR |
Any |
China |
1685.42 |
MT |
|
5 |
28091000 |
Phosphorus Pentoxide |
China PR |
China PR |
China |
Any |
1685.42 |
MT |
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 publication of this
notification in the Official Gazette and shall be payable in Indian currency.
Explanation.
-
For the purposes of this notification, -
(i) Landed value of imports shall be the assessable value as
determined by the Customs under the Customs Act, 1962 and includes all duties
of customs except duties under sections 3, 3A, 8B, 9 and 9A of the Customs
Tariff Act, 1975.
(ii)
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 Act.