[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.104 /2007-Customs
14th
September, 2007
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, 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 imposition of provisional anti-dumping duty on the imports of
subject goods, originating in or exported from the subject country;
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, 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, 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), the specification of which is specified in column (4) of the said Table, originating in the countries specified in the corresponding entry in column (5), and exported from the countries specified in the corresponding entry in column (6) and produced by the producers specified in the corresponding entry in column (7) and exported by the exporters 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 Measurement |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1 |
2809
20 |
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 |
206 |
MT |
US$ |
|
2 |
2809
20 |
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 |
242.63 |
MT |
US$ |
|
3 |
2809
20 |
Phosphoric
Acid |
Technical,
Industrial or Food Grade (including industrial grade) |
People’s
Republic of China |
Any
other than above |
Any |
Any |
242.63 |
MT |
US$ |
|
4 |
2809
20 |
Phosphoric
Acid |
Technical,
Industrial or Food Grade (including industrial grade) |
Any
other than above |
People’s
Republic of China |
Any |
Any |
242.63 |
MT |
US$ |
2.
The anti-dumping duty imposed
under this notification shall be effective upto and inclusive of the 13th
March, 2008, 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 sub-clause (i) of clause (a) of sub-section (3) of 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