seeks to impose definitive anti-dumping duty on the imports of Phosphorus Pentoxide originating in or exported from China PR

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Notification No. 19/2018-Customs (ADD)

New Delhi, the 06th April, 2018

G.S.R. (E).- Whereas in the matter of “Phosphorus Pentoxide” (hereinafter referred to as ‘the subject goods’) falling under tariff item 2809 10 00 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 China PR (hereinafter referred to as the subject country), and imported into India, the designated authority in its final findings vide notification number No. 14/47/2016-DGAD dated the 05th March, 2018, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 05th March, 2018, has come to the conclusion that–

(a) The product under consideration has been exported to India from the subject country below the normal value;

(b) The domestic industry has suffered material injury on account of dumped imports from the subject country;

And, whereas, the designated authority has recommended the imposition of definitive anti­dumping duty on the imports of subject goods, originating in or exported from the subject country and imported into India, in order to remove injury to the domestic industry.

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 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, after considering the aforesaid final findings of the designated authority, hereby imposes definitive anti-dumping duty on the subject goods, the description of which is specified in column (3) of the Table below, 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 (4), exported from the country as specified in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry in column (6), exported by the exporters as specified in the corresponding entry in column (7), and imported into India, a definitive anti­dumping duty as the difference between the amount indicated in column (8) and per unit landed value of the subject goods, provided that the per unit landed value is less than the value indicated in column (8) and per unit of measurement as specified in the corresponding entry in column (9) of the said Table, namely:-

TABLE

S.N.
Tariff Item
Description of Goods
Country of Origin
Country of Export
Producer
Exporter
Amount in US$
UOM (Unit of Measur ement)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
1
2809 1000
Phosphorus Pentoxide
China PR
China PR
Changzhou City Qishuyan Fine Chemicals Co. Ltd.
(Quishuyan)
Changzhou City Qishuyan Fine Chemicals Co. Ltd.
(Quishuyan)
1685.42
MT
2
28091000
Phosphorus Pentoxide
China PR
China PR
Anhui Longhua Chemical Industry Company Ltd. (Earlier Known as M/S Chizhou Longhua Pharmachem Co. Ltd.)
Anhui Longhua Chemical Industry Company Ltd. (Earlier Known as M/S Chizhou Longhua Pharmachem Co. Ltd.)
1685.42
MT
3
28091000
Phosphorus Pentoxide
China PR
China PR
Any other than (1) and (2) above
1685.42
MT
4
28091000
Phosphorus Pentoxide
China PR
China PR
Any
China
1685.42
MT
5
28091000
Phosphorus Pentoxide
China PR
China PR
China
Any
1685.42
MT

2. The anti-dumping duty imposed 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 payable in Indian currency.

Explanation. – For the purposes of this notification, –

(i) Landed value of imports shall be the assessable value as determined by the Customs under the Customs Act, 1962 and includes all duties of customs except duties under sections 3, 3A, 8B, 9 and 9A of the Customs Tariff Act, 1975.

(ii) 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 Act.

[F.No.354/87/2018 –TRU]

(Ruchi Bisht)

Under Secretary to the Government of India.

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