Sodium Tripolyphosphate from China – Final Findings

Minimum Landed Value has gone up to 661.84 from 629.71 in the - Final Findings

Ntfn 60 WHEREAS in the matter of import
01.04.2003 of Sodium tripolyphosphate, falling under
tariff item 2835 31 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China and Chinese Taipei (Taiwan), the designated authority vide its preliminary findings notification No.14/1/2000-DGAD dated the 9^th May, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 9^th May, 2002, had come to the conclusion that-

(a) Sodium tripolyphosphate, in all forms, originating in, or exported from, People’s Republic of China and Chinese Taipei (Taiwan), had been exported to India below its normal value;

(b) the domestic industry had also suffered material injury by way of financial losses due to depressed net sales realization on account of price depression caused by low landed prices of dumped Sodium tripolyphosphate, in all forms;

(c) the injury had been caused to the domestic industry by dumping of Sodium tripolyphosphate, in all forms, originating in, or exported from, People’s Republic of China and Chinese Taipei (Taiwan);

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Sodium tripolyphosphate vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 62/2002–Customs, dated the 17th June, 2002, [G.S.R. 432 (E), dated the 17th June, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 17th June, 2002;

AND WHEREAS the designated authority, vide its final findings notification No.14/1/2003-DGAD, dated the 11th February, 2003 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 11th February, 2003 has come to the conclusion that -

(a) Sodium tripolyphosphate, in all forms, originating in, or exported from, People’s Republic of China, has been exported to India below its normal value resulting in dumping;

(b) the domestic industry has suffered material injury by way of financial losses due to depressed net sales realization on account of price depression caused by low landed prices of dumped sodium tripolyphosphate, in all forms;

(c) the injury has been caused to the domestic industry by dumping of Sodium tripolyphosphate, in all forms, originating in, or exported from, People’s Republic of China;

and has recommended the imposition of definitive anti-dumping duty on all imports of the said Sodium tripolyphosphate, originating in, or exported from, the People’s Republic of China;

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, and 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 final 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), the specification of which is specified in the corresponding entry in column (4), originating in the countries as specified in the corresponding entry in column (5) , and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between, 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 said Table, and the landed value of such imported goods in like currency per like unit of measurement.

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 17th June, 2002, and shall be paid in Indian currency.

Explanation.- For the purposes of this notification,-

(a) “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;

(b) 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 and Company Affairs (Department of Revenue), issued from time to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, 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.

Table

SNo	Tariff item	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.	283531 00	Sodium tripolyphosphate	Any specification	People’s Republic of China	Any country	Any producer	Any exporter	661.84	Metric tonne	US Dollar
2.	2835 31 00	Sodium tripolyphosphate	Any specification	Any country	People’s Republic of China	Any producer	Any exporter	661.84	Metric tonne	US Dollar