Another Five Years of Anti-dumping Duty on Diethyl Thio Phosphoryl Chloride from China

[Customs Notification No. 74 dated 7th July 2010]

Whereas, in the matter of import of Diethyl Thio Phosphoryl Chloride (hereinafter referred to as the subject goods), falling under Chapter 28 or 29 or 38 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, People’s Republic of China (hereinafter referred to as the subject country) and imported into India, the designated authority in its preliminary findings vide notification No.14/18/2008-DGAD, dated the 25th May, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th May, 2009, had come to the conclusion that-

(a) the subject goods had been exported to India from subject country below its normal value, thus resulting in dumping of the product;

(b) the domestic industry had suffered material injury due to dumping of the subject goods; and

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. 73/2009-Customs, dated 22nd June, 2009, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 437(E), dated the 22nd June, 2009;

And whereas, the designated authority in its final findings vide notification No. 14/18/2008-DGAD dated the 6th May, 2010, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 6th May, 2010, had come to the conclusion that-

(a) the subject goods had been exported to India from subject country below its normal value, thus resulting in dumping of the subject goods;

(b) the domestic industry had suffered material injury due to dumping of the subject goods;

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 Chapter 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.	Chapter	Description of goods	Country of origin	Country of export	Producer	Exporter	Duty amount	Unit	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
1	28 or 29 or 38	Diethyl Thio Phosphoryl Chloride	People’s Republic of China	People’s Republic of China	Yangxin Chentian Chemical Industry Co., Ltd.	Yangxin Chentian Chemical Industry Co., Ltd.	1.024	Per Kg	US Dollar
2	28 or 29 or 38	Diethyl Thio Phosphoryl Chloride	People’s Republic of China	People’s Republic of China	Lianyungang Liben Agro-chemical Co., Ltd.	Lianyungang Liben Agro-chemical Co., Ltd.	0.754	Per Kg	US Dollar
3	28 or 29 or 38	Diethyl Thio Phosphoryl Chloride	People’s Republic of China	People’s Republic of China	Xingtai Pesticides Co., Ltd.	Xingtai Pesticides Co., Ltd.	0.516	Per Kg	US Dollar
4	28 or 29 or 38	Diethyl Thio Phosphoryl Chloride	People’s Republic of China	People’s Republic of China	Zhejiang Xinnong Chemical Co., Ltd.	Zhejiang Xinnong Chemical Co., Ltd.	0.798	Per Kg	US Dollar
5	28 or 29 or 38	Diethyl Thio Phosphoryl Chloride	People’s Republic of China	People’s Republic of China	Any combination of producer and exporter other than the above		1.157	Per Kg	US Dollar
6	28 or 29 or 38	Diethyl Thio Phosphoryl Chloride	People’s Republic of China	Any country other than People’s Republic of China	Any	Any	1.157	Per Kg	US Dollar
7	28 or 29 or 38	Diethyl Thio Phosphoryl Chloride	Any country other than People’s Republic of China	People’s Republic of China	Any	Any	1.157	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 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.354/127/2009 –TRU]