GOVERNMENT OF INDIA MINISTRY OF
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
New Delhi, the 24th August, 2015
Notification No. 45/2015-Customs (ADD)
G.S.R. (E). – 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-
- 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;
- 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;
- 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
| S. No |
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)]
(Anurag Sehgal)
Under Secretary to the Government of India
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