Notification No.33/2013 Date 31/12/2013
seeks to levy anti-dumping duty on imports of Phosphoric Acid- Technical grade and Food grade (including Industrial grade) originating in or exported from China PR for a further period of five year..
G.S.R.(E).Whereas, the designated authority vide notification No.15/1010/2012 DGAD,dated the 10th September, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 10th September, 2012, had initiated review in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), read with rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in the matter of continuation of anti-dumping duty on imports of Phosphoric Acid-Technical Grade and Food Grade( including Industrial Grade), falling under Sub-heading 280920 of the First Schedule to the Customs Tariff Act, originating in, or exported from, People’s Republic of China, imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.17/2008-Customs, dated the 19th February, 2008, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.96 (E), dated the 19th February, 2008, read with notification of the Government of India, in the Ministry of Finance (Department of Revenue)No. 45/2012-Customs (ADD), dated the 25th September, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.716 (E),dated the 25th September,2012,
And whereas the designated authority,in its final findings in Sunset Review vide notification No. 15/1010/2012-DGAD, dated the 8th November,2013, published in the Gazette of India, Extraordinary, Part I,Section 1,dated the 8th November,2013,has come to the conclusion that,
(i) the subject goods are entering the Indian market at dumped and injurious prices,
(ii) the imports of the subject goods from the subject country continued to be at dumped price in spite of existing anti dumping duties,
(iii) in the event of cessation of the existing anti dumping duty, there is likelihood that the subject country will divert the subject goods to India at dumped and injurious price.
and has recommended continued imposition of definitive anti-dumping duty on modified rates 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 Customs Tariff Act, read with rules 18 and 23 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 and recommendation of the designated authority, hereby imposes anti- dumping duty on the goods, the description of which is specified in column (3) of the following Table, specification of which is specified in column (4) of the said Table, falling under Sub-heading of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2),originating in the country specified in the corresponding entry in column (5), exported from the country specified in the corresponding entry in column (6), produced by the producer specified in the corresponding entry in column (7), 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 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 aforesaid Table,namely,
TABLE
|
S.No. |
Sub-heading |
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 |
280920 |
Phosphoric Acid |
Technical Grade and Food Grade (including industrial Grade) |
People’s Republic of China |
People’s Republic of China |
Any |
Any |
249.38 |
MT |
US Dollar |
|
2 |
280920 |
Phosphoric Acid |
Technical Grade and Food Grade (including industrial Grade) |
People’s Republic of China |
Any other than People’s Republic of China |
Any |
Any |
249.38 |
MT |
US Dollar |
|
3 |
280920 |
Phosphoric Acid |
Technical Grade and Food Grade (including industrial Grade) |
Any other than People’s Republic of China |
People’s Republic of China |
Any |
Any |
249.38 |
MT |
US Dollar |
2.The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, amended and superseded earlier) from the date of publication of this notification in the Official Gazette, 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.354/87/2007-TRU (Pt-I)]
(Akshay Joshi)
Under Secretary to the Government of India
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