PUBLIC NOTICE NO. 006/2010  

Government of India, Ministry of Finance, Deptt. of Revenue, New Delhi, Notification No.140/2009-Customs dated 15.12.2009 issued in the File No. 354/108/2009 – TRU is reproduced below for the guidance of the Importer, Clearing Agents and the Trading Public, which is already available in the website www.cbec.gov.in 

C16/ 04  /2010-AM

Custom House, Chennai

Dated: 03.02.2010.

 

Sd/-

(K.BALASUBRAMANYA BHAT)

JOINT COMMISSIONER OF CUSTOMS

(APPG.) 

Notification No.140/2009-Customs

New Delhi, the 15^th 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-

(a)  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;

              

(b) the dumping margins of the subject goods imported from the subject country were substantial and above de minimis; and

 

(c) 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 22^nd 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 22^nd June, 2009;

And whereas, the designated authority in its final findings vide notification No. 14/07/2007-DGAD dated the 11^th  November, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the  11^th  November, 2009, had come to the conclusion that-

a. 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;

 

b. The dumping margins of the subject goods imported from the subject country were substantial and above de minimis; 

 

c. 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]

Sd/-     

(Prashant Kumar)

Under Secretary to the Government of India.

// ATTESTED // 

 (K.BALA KISHAN RAJU)

DY. COMMISSIONER OF CUSTOMS

(APPRAISING)