GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
Notification No.8/2017-Customs (ADD)
New Delhi, the 15th March, 2017
G.S.R. (E).- Whereas, in the matter of import of Phosphoric Acid-Technical
Grade and Food Grade (including Industrial Grade) [hereinafter referred to as
the subject goods], falling under the sub-heading 2809 20 of the First Schedule
to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from
People’s Republic of China (hereinafter referred to as the subject country), the
designated authority, vide its final findings in notification
No.15/1010/2012-DGAD, dated the 8th November, 2013, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 8th. November, 2013, had come
to the conclusion that -
- the subject goods were entering the Indian market at dumped and
injurious prices
- the imports of the subject goods from the subject country continued to
be at dumped prices in spite of existing anti-dumping duties
- in the event of cessation of the existing anti-dumping duty, there was
likelihood that the subject country would divert the subject goods to India
at dumped and injurious prices
and had recommended continued imposition of definitive anti-dumping duty on modified rates
on imports of the 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 an anti-dumping duty on the
subject goods, vide, notification of the Government of India in the Ministry of
Finance (Department of Revenue),
No.33/2013- Customs (ADD), dated the 31st
December, 2013, published vide G.S.R. 811(E) in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-Section (i), dated the 31st December,
2013.
And Whereas, M/s. Guangxi Quinzhou Capital Success Chemical Co. Ltd.
(producer or exporter) have requested for review in terms of rule 22 of the
Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty
on Dumped Articles and for Determination of Injury) Rules, 1995, in respect of
exports of the subject goods made by them, and the designated authority, vide
new shipper review notification No.15/5/2016-DGAD, dated 9th February, 2017,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
9th February, 2017, has recommended provisional assessment of all exports of the
subject goods made by the above stated party till the completion of the review
by it.
Now therefore, in exercise of the powers conferred by sub-rule (2) of rule 22
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 recommendation of the
designated authority, hereby orders that pending the outcome of the said review
by the designated authority, the subject goods, when originating in or exported
from the subject country by M/s. Guangxi Quinzhou Capital Success Chemical Co.
Ltd. (producer or exporter) and imported into India, shall be subjected to
provisional assessment till the review is completed.
2. The provisional assessment may be subject to such security or guarantee as
the proper officer of customs deems fit for payment of the deficiency, if any,
in case a definitive antidumping duty is imposed retrospectively, on completion
of investigation by the designated authority.
3. In case of recommendation of anti-dumping duty after completion of the
said review by the designated authority, the importer shall be liable to pay the
amount of such anti-dumping duty recommended on review and imposed on all
imports of subject goods when originating in or exported from the subject
country by M/s. Guangxi Quinzhou Capital Success Chemical Co. Ltd. (producer or
exporter) and imported into India, from the date of initiation of the said
review.
(Anurag Sehgal)
Under Secretary to the Government of India
[F.No.354/87/2007-TRU (Pt.-II)]
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