CUS NTF NO. 17/2008 DATE 19/02/2008

Anti dumping duty on phosphoric acid, technical grade or food grade including industrial grade

G.S.R. (E). - Whereas in the matter of import of phosphoric acid, technical grade or food grade including industrial grade (hereinafter referred to as the subject goods), falling under sub-heading 2809 20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the 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.14/7/2006-DGAD dated the 22nd August, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd August, 2007, had come to the conclusion that-

(a) the subject goods had been exported to India from the subject country below its normal value;

(b) the domestic industry had suffered material injury;

(c) the injury had been caused by the dumped imports from 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. 104/2007-Customs, dated the 14th September, 2007, published in the Gazette of India vide number G.S.R. 600(E), dated the 14th September, 2007;

And whereas, the designated authority in its final findings vide notification No. 14/7/2006 -DGAD, dated the 3rd January, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd January, 2008, has come to the conclusion that-

(a) the subject goods have been exported to India from the subject country below its normal value;

(b) the domestic industry has suffered material injury;

(c) the injury has been caused by the dumped imports from subject country;

and has 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-sections (1) and (5) of Section 9A of the Customs Tariff Act, 1975 (51 of 1975), read with 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 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) of the said Table, originating in the country specified in the corresponding entry in column (5), and exported from the country specified in the corresponding entry in column (6) and produced by the producer specified in the corresponding entry in column (7) and 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 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	Duty amount	Unit of Measure	Currency
1	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1	280920	Phosphoric Acid	Technical, Industrial or Food Grade (including industrial grade)	People’s Republic of China	People’s Republic of China	Any	M/s Yunnan Chemphos Corp.	205.28	MT	US$
2	280920	Phosphoric Acid	Technical, Industrial or Food Grade (including industrial grade)	People’s Republic of China	People’s Republic of China	Any	Any other than above	242.77	MT	US$
3	280920	Phosphoric Acid	Technical, Industrial or Food Grade (including industrial grade)	People’s Republic of China	Any other than above	Any	Any	242.77	MT	US$
4	280920	Phosphoric Acid	Technical, Industrial or Food Grade (including industrial grade)	Any other than above	People’s Republic of China	Any	Any	242.77	MT	US$

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, that is, the 14th September, 2007, 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 1062), 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]

(Sonal Bajaj)
Under secretary to the Government of India

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