Another Five Years of Anti-dumping Duty
on Phosphoric Acid from Korea – Final Findings
[Customs
Notification No. 140 dated 15th December 2009]
Whereas, in the matter of import of Phosphoric Acid of all grades and
all concentration (excluding Agriculture or Fertiliser grade) (hereinafter referred
to as the subject goods), falling under sub heading 2809 2010 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to
as the said Customs Tariff Act), 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.14/07/2007-DGAD, dated the 24th April, 2009,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
24th April, 2009, had come to the conclusion that-
(a) the subject goods had 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 were substantial and above de
minimis; and
(c) the domestic industry had
suffered material injury and the injury had 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 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 of the Government of
India in the Ministry of Finance (Department of Revenue), No. 74/2009-Customs,
dated 22nd June, 2009, published in the Gazette of India Extraordinary, Part
II, Section 3, Sub-section (i) vide number G.S.R. 438(E), dated the 22nd June,
2009;
And whereas, the designated authority in its
final findings vide notification No. 14/07/2007-DGAD dated the 11th November, 2009, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 11th
November, 2009, had come to the conclusion that-
a. The subject goods had 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 were substantial and above de minimis;
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 the imposition of
definitive anti-dumping duty on 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 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
subject 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), originating in the country
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 country 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 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.
|
Table |
|
S .No |
Sub-heading |
Description of goods |
Specification |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1 |
2809 20 10 |
Phosphoric Acid |
All grades and concentrations (excluding Agricultural or
Fertliser grade) |
Korea RP |
Any |
Any |
Any |
221.64 |
MT |
US dollar |
|
2 |
2809 20 10 |
Phosphoric Acid |
All grades and concentrations (excluding Agricultural or Fertliser
grade) |
Any |
Korea RP |
Any |
Any |
221.64 |
MT |
US dollar |
2. The anti-dumping duty imposed shall be levied 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, 22nd June, 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]