CBIC imposes anti-dumping duty on the imports of Phosphoric Acid of all grades and concentrations (excluding Agriculture or Fertilizer grade), originating in or exported from Korea RP for a period of five years vide Notification No. 26/2020 -Customs (ADD) dated 21st August, 2020.

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Notification No. 26/2020 -Customs (ADD)

New Delhi, the 21st August, 2020

G.S.R. 519(E). – Whereas, the designated authority, vide notification No. 7/28/2019-DGTR, dated the 27th December, 2019, 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 concentrations (excluding Agriculture/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. 45/2015-Customs (ADD), dated the 24th August, 2015, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 652(E), dated the 24th August, 2015;

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. 7/28/2019-DGTR, dated the 6th August, 2020, in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that-

(i) there is continued dumping of the subject goods from subject country and the imports are likely to enter the Indian market at dumped prices in the event of expiry of duty;

(ii) the domestic industry has suffered continued injury on account of dumped imports from the subject country;

(iii) the information on record shows likelihood of continuation of dumping and injury in case the anti-dumping duty in force is allowed to cease at this stage;

(iv) there is sufficient evidence to indicate that the revocation of anti-dumping duty at this stage will lead to continuation of dumping and injury to the Domestic Industry,

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, and in supersession of the notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 45/2015-Customs (ADD), dated the 24th August, 2015, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 652(E), dated the 24th August, 2015, 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), 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 (9) 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
Duty amount
Currency
Unit of measure-ment
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
1.
2809 20 10
Phosphoric Acid
All grades and all concentrations (excluding Agriculture / Fertilizer Grade)
Korea RP
Any Country including Korea RP
Any
137
US Dollar
Metric Tonne
2.
2809 20 10
Phosphoric Acid
All grades and all concentrations (excluding Agriculture / Fertilizer Grade)
Any Country other than Korea RP
Korea RP
Any
137
US Dollar
Metric Tonne

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.354/1 08/2009-TRU (Pt. II)]

(Gaurav Singh)
Deputy Secretary to the Government of India

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