Seeks to levy definitive ADD on phosphoric Acid of all grades when imported from Israel and Taiwan. - 19/2012 - Anti Dumping Duty

[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 25 th October, 2011, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25 th October, 2011, 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 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, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.4/2012 Customs (ADD) , dated the 13 th 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 13 th January, 2012; And, whereas, the designated authority in its final findings vide notification No.14/44/2010 -DGAD, dated the 2 nd February, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2 nd February, 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 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 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. Table S. No. Tariff item Description of goods Country of origin Country of exports Producer Exporter Amount Unit of measurement Currency (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 1 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 MT US dollar 2 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 MT US dollar 3 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 MT US dollar 4 28092010 Phosphoric Acid of all grades and concentrations (excluding Agriculture /Fertiliser Grade) Israel Any other than Israel Any Any 194.51 MT US dollar 5 28092010 Phosphoric Acid of all grades and concentrations (excluding Agriculture /Fertiliser Grade) Taiwan Taiwan Any Any 116.45 MT US dollar 6 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 MT US dollar 7 28092010 Phosphoric Acid of all grades and concentrations (excluding Agriculture /Fertiliser Grade) Taiwan Any other than Taiwan Any Any 116.45 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, 13 th 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.