Custom department has imposed anti dumping duty on phosphoric acid. Custom department issued notification no. 18 and 19 dated 04-04-2012 ab...
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
