Custom department imposes anti dumping duty on phosphoric acid

Custom department has imposed anti dumping duty on phosphoric acid. Custom department issued notification no. 18 and 19 dated 04-04-2012 about imposing anti dumping duty on phosphoric acid. Full notification is as under.

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, 
SUB-SECTION (i)]
                                                           
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification
No.18/2012-Customs (ADD)
New Delhi, dated the 4thApril, 2012

  G.S.R.   (E). – In exercise of the powers conferred by sub-sections (2) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), read with rules 13 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, theCentral Government hereby rescinds the notification of the Government of India, in the Ministry ofFinance (Department of Revenue), No.  04/2012-Customs (ADD), dated the  13thJanuary, 2012, published in Gazette of India, 
Extraordinary, Part II, Section 3, sub-section (i), vide number G.S.R.14 (E),  dated the 13thJanuary, 2012, except as respects things done or omitted to be done before such rescission.

[F.No.354/309/2011 –TRU]
(Sanjeev Kumar Singh)
Under Secretary to the Government of India

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,
SECTION 3, SUB-SECTION (i)]
                                                       
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
NOTIFICATION
No.19 /2012-Customs (ADD)
New Delhi, dated the 4
th
April, 2012
G.S.R.    (E).  – Whereas, in the matter of import of  Phosphoric Acid of all  grades and all concentrations(excluding Agriculture/Fertilizer Grade) (hereinafter referred to as the subject goods), falling under tariff item 28092010 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, Israel and Taiwan (hereinafter referred to as the subject countries) and imported into India, the designated authority, vide its preliminary findings No. 14/44/2010-DGAD, dated the  25thOctober, 2011, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25thOctober, 2011,  hadcome to the conclusion that-

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

(b)           the domestic industry had suffered material injury in respect of the subject goods;

(c)            the material  injury to the domestic industry had been caused by the dumped imports of the subject goods from the subject countries, and had  recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in or exported from, the subject countries;
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,  videnotification of the Government of India in the Ministry of Finance (Department of Revenue), No.4/2012–Customs (ADD), dated the 13th January, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i),  vide number G.S.R. 14(E), dated the 13th January, 2012;

And, whereas, the designated authority in its final findings  vide notification No.14/44/2010  -DGAD, dated the  2ndFebruary, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2ndFebruary, 2012,  had come to the conclusion that-

(a) the subject goods had been exported to India from the subject countries below its normal value;
(b) the domestic industry had suffered material injury in respect of the subjectgoods;
(c) the material  injury to the domestic industry had been caused by the dumped imports of the subject goods from the subject countries, and has recommended the imposition of definitive anti-dumping duty on  imports of the subject goods  originating in or exported from the subject countries;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, 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 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), originating in the countries as specified in the corresponding entry in column
(4), and exported from the countries as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (6), and exported 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 as specified 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.

Tariff item
Description
of goods
Country
of origin
Country
of
exports
Producer
Exporter
Amount
(2)
(3)
(4)
(5)
(6)
(7)
(8)
28092010
Phosphoric
Acid of all grades and concentrations (excluding Agriculture
/Fertiliser
Grade)
Israel
Israel
M/s Rotem Amfert Negev. Ltd.
M/S Israel
Chemicals
Limited
174.06
28092010
Phosphoric
Acid of all grades and concentrations (excluding Agriculture
/Fertiliser
Grade)
Israel
Israel
Any combination of
producer & exporter except at Sr. No.1
194.51
28092010
Phosphoric
Acid of all grades and concentrations (excluding Agriculture
/Fertiliser
Grade)
Any country other than countries attracting Anti-dumping duty
Israel
Any
Any
194.51
28092010
Phosphoric
Acid of all grades and concentrations (excluding Agriculture
/Fertiliser
Grade)
Israel
Any other than Israel
Any
Any
194.51
28092010
Phosphoric
Acid of all grades and concentrations (excluding Agriculture
/Fertiliser
Grade)
Taiwan
Taiwan
Any
Any
116.45
28092010
Phosphoric
Acid of all grades and concentrations (excluding Agriculture
/Fertiliser
Grade)
Any country other than countries attracting Anti-dumping duty
Taiwan
Any
Any
116.45
28092010
Phosphoric
Acid of all grades and concentrations (excluding Agriculture
/Fertiliser
Grade)
Taiwan
Any other than Taiwan
Any
Any
116.45


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, 13th January, 2012 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.354/309/2011 –TRU]
(Sanjeev Kumar Singh)
Under Secretary to the Government of India.
Tags-anti dumping duty,anti dumping duty on phosphoric acid
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