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. |
28091000 |
Phosphorus Pentoxide |
China PR |
China PR |
Changzhou City Qishuyan Fine Chemicals Co. Ltd. Ltd.
(Quishuyan) |
Changzhou City Qishuyan Fine Chemicals Co. Ltd. Ltd.
(Quishuyan) |
1685.42 |
MT |
2. |
28091000 |
Phosphorus Pentoxide |
China PR |
China PR |
Anhui Longhua MT Chemical Industry Company Ltd. (Earlier
Known as M/S Chizhou Longhua Pharmachem Co. Ltd.) |
Anhui Longhua MT 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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