GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No.140/2009-Customs
New Delhi, the 15th December, 2009
G.S.R. (E). – Whereas, in the matter of import of Phosphoric Acid of all grades
and all concentration (excluding Agriculture or Fertiliser grade) (hereinafter
referred to as the subject goods), falling under sub heading 2809 2010 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,
Korea RP (hereinafter referred to as the subject country) and imported into
India, the designated authority in its preliminary findings vide notification
No.14/07/2007-DGAD, dated the 24th April, 2009, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 24th April, 2009, had come to
the conclusion that-
- the subject goods had been exported to India from the subject country at
prices less than their normal values in the domestic market of the exporting
country;
- the dumping margins of the subject goods imported from the subject country
were substantial and above de minimis; and
- the domestic industry had suffered material injury and the injury had been
caused to the domestic industry mainly by price effect of dumped imports of the
subject goods originating in or exported from the 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. 74/2009-Customs, dated 22nd June, 2009, published
in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide
number G.S.R. 438(E), dated the 22nd June, 2009;
And whereas, the designated authority in its final findings vide notification
No. 14/07/2007-DGAD dated the 11th November, 2009, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 11th November, 2009, had come
to the conclusion that-
- The subject goods had been exported to India from the subject country at
prices less than their normal values in the domestic market of the exporting
country;
- The dumping margins of the subject goods imported from the subject country
were substantial and above de minimis;
- The domestic industry had suffered material injury and the injury had been
caused to the domestic industry, both by volume and price effect of dumped
imports of the subject goods originating in or exported from the subject
country.
and had 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-section (1), read
with sub-section (5) of section 9A of the said Customs Tariff Act and 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 subject 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), originating in the country as specified in the corresponding entry
in column (5), and produced by the producers as specified in the corresponding
entry in column (7), when exported from the country as specified in the
corresponding entry in column (6), 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 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 |
Amount |
Unit |
Currency |
| (1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
| 1 |
2809 20 10 |
Phosphoric Acid |
All grades and concentrations (excluding Agricultural or Fertliser grade)
|
Korea RP |
Any |
Any |
Any |
221.64 |
MT |
US dollar |
| 2 |
2809 20 10 |
Phosphoric Acid |
All grades and concentrations (excluding Agricultural or Fertliser grade)
|
Any |
Korea RP |
Any |
Any |
221.64 |
MT |
US dollar |
2. 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, 22nd June, 2009 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.354/108/2009 –TRU]
(Prashant Kumar)
Under Secretary to the Government of India.