Provisional Anti-dumping Duty Imposed on Phosphoric Acid
from Korea
Ntfn 74 Whereas
in the matter of imports of Phosphoric Acid of all grades and all concentration
(excluding Agriculture
22.06.2009 or Fertiliser
grade) [hereinafter referred to as the subject goods], falling under sub-heading
2809 20 of the First
Schedule to the
Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Korea
RP (hereinafter referred to as the subject country) and imported into India,
the designated authority in its preliminary findings vide notification
No.14/7/2007-DGAD dated the 24th April, 2009, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 24th April, 2009, has come
to the conclusion that –
a.
the subject goods have been exported
to India 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 are substantial and above de minimis;
and
the domestic industry has suffered material injury and the
injury has been caused to the domestic industry mainly by price effect of
dumped imports of the subject goods originating in or exported from the subject
country;
and has recommended imposition of provisional anti-dumping duty
on the imports of subject goods, originating in, or exported from, the subject
country;
Now, therefore, in exercise of the powers conferred by
sub-section (2) of section 9A of the said Customs Tariff Act, 1975 read with
rules 13 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), the specification of which is specified in
column (4) of the said Table, originating in the country specified in the
corresponding entry in column (5), and exported from the country specified in
the corresponding entry in column (6) and produced by the producer specified in
the corresponding entry in column (7) and exported by the exporter specified in
the corresponding entry in column (8), and imported into India, an anti-dumping
duty at the rate equal to the amount indicated 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.
|
S No |
Sub-heading |
Description of goods |
Specification |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit of measure-ment |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(50 |
(6 ) |
(7) |
(8) |
(9 ) |
(10) |
(11) |
|
1 |
2809 20 |
Phosphoric Acid |
All grades and concentrations (excluding Agricultural or Fertiliser) |
Korea RP |
Korea RP |
Any |
Any |
218.63 |
MT |
US dollar |
|
2 |
2809 20 |
Phosphoric Acid |
All grades and concentrations (excluding Agricultural or Fertiliser ) |
Korea RP |
Any |
Any |
Any |
218.63 |
MT |
US dollar |
|
3 |
2809 20 |
Phosphoric Acid |
All grades and concentrations (excluding Agricultural or Fertiliser) |
Any country other than country (ies)
attracting anti-dumping duty. |
Korea RP |
Any |
Any |
218.63 |
MT |
US dollar |
3. The
anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 21st December, 2009, 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.354/108/2009
–TRU]