Anti-dumping Duty on Phosphoric Acid from Korea Slashed
to $59.12 per MT in Review Findings, New ADD $162.52 per MT
[Customs
Notification No. 45 (ADD) dated 24th August 2015]
Whereas, the
designated authority, vide notification No. No.15/7/2014-DGAD, dated the 20th
June, 2014, published in the Gazette of India, Extraordinary, Part I, Section
1, had initiated a review in the matter of continuation of anti-dumping duty on
imports of Phosphoric Acid of all grades and all concentration (excluding
Agriculture or Fertilizer grade) (hereinafter referred to as the subject goods)
falling under tariff item 2809 20 10 of the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff
Act), originating in or exported from Korea RP (hereinafter referred to as the
subject country), imposed vide notification of the Government of India, in the
Ministry of Finance (Department of Revenue) No. 140/2009-Customs, dated the 15th
December, 2009, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R. 897(E), dated the 15th December, 2009;
And whereas, the
Central Government had extended the anti-dumping duty on the subject goods, originating
in or exported from the subject country upto and
inclusive of the 21st June, 2015, vide notification of the Government of India,
in the Ministry of Finance (Department of Revenue) No.32/2014-Customs (ADD),
dated the 23rd July, 2014, published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i), vide number G.S.R 527(E), dated the 23rd
July, 2014;
And whereas, in
the matter of review of anti-dumping duty on import of the subject goods,
originating in or exported from the subject country, the designated authority
in its final findings, published vide notification No.15/7/2014-DGAD, dated the
19th June, 2015, in the Gazette of India, Extraordinary, Part I, Section 1, has
come to the conclusion that-
(i) the subject goods
continue to be exported from the subject country to India below the normal
value resulting in dumping and injury to the domestic industry;
(ii) both dumping margin
and injury margin are significant and positive in respect of producers and
exporters from the subject country, implying likelihood of intensified dumping
and consequent injury to the domestic industry;
(iii) the anti-dumping duty
on the subject goods originating in or exported from the subject country to
India is required to be extended,
and has recommended
imposition of anti-dumping duty on the subject goods, originating in or
exported from the subject country;
Now, therefore, in
exercise of the powers conferred by sub-sections (1) and (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,
after considering 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, specification of which is specified in column (4),
falling under tariff item of the First Schedule to the Customs Tariff Act as
specified in the corresponding entry in column (2), originating in the country
as specified in the corresponding entry in column (5), exported from the
country as specified in the corresponding entry in column (6), produced by the
producers as specified in the corresponding entry in column (7), exported 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 as
specified in the corresponding entry in column (9), in the currency as specified
in the corresponding entry in column (11) and as per unit of measurement as
specified in the corresponding entry in column (10) of the said Table, namely:-
|
Table |
||||||||||
|
SNo. |
Tariff Item |
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. |
2809 20 10 |
Phosphoric Acid |
All grades and all concentrations (excluding Agriculture
or Fertilizer Grade) |
Korea RP |
Korea RP |
Any |
Any |
162.52 |
Metric Tonne |
US Dollar |
|
2. |
2809 20 10 |
Phosphoric Acid |
All grades and all concentrations (excluding
Agriculture or Fertilizer Grade) |
Korea RP |
Any country other than Korea RP |
Any |
Any |
162.52 |
Metric Tonne |
US Dollar |
|
3. |
2809 20 10 |
Phosphoric Acid |
All grades and all concentrations (excluding
Agriculture or Fertilizer Grade) |
Any country other than Korea RP |
Korea RP |
Any |
Any |
162.52 |
Metric Tonne |
US Dollar |
2. The anti-dumping duty imposed under this
notification shall be effective for a period of five years (unless revoked,
superseded or amended earlier) from the date of publication of this
notification in the Official Gazette and shall be paid 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
(Pt. I)]