GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 74 / 2010 - Customs
New Delhi, the 7th July, 2010
G.S.R. (E). – Whereas, in the matter of import of Diethyl Thio Phosphoryl
Chloride (hereinafter referred to as the subject goods), falling under Chapter
28 or 29 or 38 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, 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.14/18/2008-DGAD, dated the 25th May,
2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated
the 25th May, 2009, had come to the conclusion that-
- the subject goods had been exported to India from subject country below
its normal value, thus resulting in dumping of the product;
- the domestic industry had suffered material injury due to dumping of the
subject goods; and
- the material injury had been caused by the dumped imports from 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. 73/2009-Customs, dated 22nd June, 2009, published in the Gazette of
India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.
437(E), dated the 22nd June, 2009;
And whereas, the designated authority in its final findings vide notification
No. 14/18/2008-DGAD dated the 6th May, 2010, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 6th May, 2010, had come to the
conclusion that-
- the subject goods had been exported to India from subject country below
its normal value, thus resulting in dumping of the subject goods;
- the domestic industry had suffered material injury due to dumping of the
subject goods;
- the material injury had been caused by the dumped imports from 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 Chapter of
the First Schedule to the said 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), and produced by the producers as
specified in the corresponding entry in column (6), when exported from the
country as specified in the corresponding entry in column (5), 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 indicated 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
Sl No. |
Chapter |
Description of goods
|
Country of origin |
Country of export |
Producer |
Exporter |
Duty amount |
Unit |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1 |
28 or 29 or 38 |
Diethyl Thio Phosphoryl Chloride |
People’s Republic of China |
People’s Republic of China |
Yangxin Chentian Chemical Industry Co., Ltd.
|
Yangxin Chentian Chemical Industry Co., Ltd.
|
1.024 |
Per Kg |
US Dollar |
2 |
28 or 29 or 38 |
Diethyl Thio Phosphoryl Chloride |
People’s Republic of China |
People’s Republic of China |
Lianyungang Liben Agro-chemical Co., Ltd.
|
Lianyungang Liben Agro-chemical Co., Ltd.
|
0.754 |
Per Kg |
US Dollar |
3 |
28 or 29 or 38 |
Diethyl Thio Phosphoryl Chloride |
People’s Republic of China |
People’s Republic of China |
Xingtai Pesticides Co., Ltd. |
Xingtai Pesticides Co., Ltd. |
0.516 |
Per Kg |
US Dollar |
4 |
28 or 29 or 38 |
Diethyl Thio Phosphoryl Chloride |
People’s Republic of China |
People’s Republic of China |
Zhejiang Xinnong Chemical Co., Ltd. |
Zhejiang Xinnong Chemical Co., Ltd. |
0.798 |
Per Kg |
US Dollar |
5 |
28 or 29 or 38 |
Diethyl Thio Phosphoryl Chloride |
People’s Republic of China |
People’s Republic of China |
Any combination of producer and
exporter other than the above |
1.157 |
Per Kg |
US Dollar |
6 |
28 or 29 or 38 |
Diethyl Thio Phosphoryl Chloride |
People’s Republic of China |
Any country other than People’s Republic of China
|
Any |
Any |
1.157 |
Per Kg |
US Dollar |
7 |
28 or 29 or 38 |
Diethyl Thio Phosphoryl Chloride |
Any country other than People’s Republic of China
|
People’s Republic of China |
Any |
Any |
1.157 |
Per Kg |
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.
(Prashant Kumar)
Under Secretary to the Government of India.
[F.No.354/127/2009 –TRU]