Another Five Years of Anti-dumping Duty on Phosphorous Pentachloride (PCL5) and TMP from China

[Customs Notification No. 68 dated 18th June 2010]

Whereas the designated authority had initiated anti-dumping investigation in the matter of imports of five phosphorous based chemical compounds, namely; (1) Phosphorous trichloride (PCL3), (2) Phosphorous Pentachloride (PCL5), (3) Phosphorous oxychloride (POCL3), (4) Triphenyl phosphite (TPPI), (5) Trimethyl phosphite (TMP), originating in or exported from European Union and China PR, vide notification No. 14/3/2009-DGAD, dated the 13th February, 2009;

And whereas, the designated authority in its preliminary findings vide notification No. 14/3/2009-DGAD, dated the 18th August, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18th August, 2009, had come to the conclusion that various parameters relating to domestic industry collectively and cumulatively established that the domestic industry had suffered material injury in case of imports of Phosphorus Pentachloride (PCL5 ) falling under sub-heading 2812 1022 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act), and had recommended imposition of provisional anti-dumping duty on the imports of Phosphorus Pentachloride (PCL5 ), originating in or exported from, the People’s Republic of China ;

And whereas, on the basis of the aforesaid preliminary findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the Phosphorus Pentachloride (PCL5) only vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 119/2009-Customs, dated 16th October, 2009 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.758 (E), dated the 16th October, 2009;

And whereas, the designated authority in its final findings vide notification No. 14/3/2009-DGAD dated 7th April 2010, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th April 2010, had come to the conclusion that that various parameters relating to domestic industry collectively and cumulatively established that the domestic industry had suffered material injury in case of imports of Phosphorus Pentachloride (PCL5) and Trimethyl Phosphite (TMP), falling under sub heading 2920 90 41 of the said Customs Tariff Act, (hereinafter referred to as the subject goods) and had recommended imposition of definitive anti-dumping duty on the imports of Phosphorus Penta-chloride (PCL5 ) and Trimethyl Phosphite (TMP), 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 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), originating in the country as specified in the corresponding entry in column (4), and produced by the producers as specified in the corresponding entry in column (6), when exported from the country as specified in the corresponding entry in column (5), by the exporters as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount indicated in the corresponding entry in column (8), in the currency as specified in the corresponding entry in column (10) and per unit of measurement as specified in the corresponding entry in column (9), of the said Table.

Table
SNo	Sub heading	Description of goods	Country of origin	Country of exports	Producer	Exporter	Duty amount	Unit	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
1.	2812 10 22	Phosphorus Pentachloride (PCL5)	China PR	China PR	M/s Xuzhou Jianping Chemical Co. Ltd.	M/s China Haohua Chemical (Group) Corporation	0.467	Per KG	US Dollar
2.	2812 10 22	-do-	China PR	China PR	M/s Xuzhou Jianping Chemical Co. Ltd.	M/s Sinochem International Corporation	0.574	Per KG	US Dollar
3.	2812 10 22	-do-	China PR	China PR	Any combination of producer and exporter except at Sr. No. 1and 2		0.777	Per KG	US Dollar
4.	2812 1022	-do-	China PR	Any	Any	Any	0.777	Per KG	US Dollar
5.	2812 10 22	-do-	Any	China PR	Any	Any	0.777	Per KG	US Dollar
6.	2920 90 41	Trimethyl Phosphite (TMP)	China PR	China PR	M/s Luohe Huipu Chemistry Industry Factory	M/s Sinochem International Corporation	0.008	Per KG	US Dollar
7.	2920 90 41	-do-	China PR	China PR	M/s Sancaitang Chemical Industry and Technology Co.Ltd. HB	M/s China Haohua Chemical (Group) Corporation	0.119	Per KG	US Dollar
8.	2920 90 41	-do-	China PR	China PR	Any combination of producer and exporter except at Sr. No.6 and 7		0.575	Per KG	US Dollar
9.	2920 90 41	-do-	China PR	Any	Any	Any	0.575	Per KG	US Dollar
10.	2920 90 41	-do-	Any	China PR	Any	Any	0.575	Per KG	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,- 

(i) imposition of the provisional anti-dumping duty, that is, the 16th October,2009 in the case of imports of Phosphorus Pentachloride (PCL5 ), originating in or exported from, the People’s Republic of China; and

(ii) publication of this notification in the Gazette of India, in the case of imports of Trimethyl Phosphite (TMP), originating in or exported from, the People’s Republic of China.

and the anti-dumping duty imposed 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.354/187/2009 –TRU]