GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
New Delhi,16th October, 2009
Notification No.119/2009-Customs
G.S.R. (E). – Whereas, in the matter of import of Phosphorus Pentachloride
(PCL5) (hereinafter referred to as the subject goods), falling under tariff item
2812 10 22 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, the People’s Republic of China (China PR) and European Union, and
imported into India, the designated authority vide, its preliminary findings
vide notification No. 14/3/2009-DGAD, dated the 18th August, 2009, published in
the Gazette of India, Extraordinary, Part I, Section 1, dated the 18th August,
2009, had come to the conclusion that various parameters relating to domestic
industry collectively and cumulatively establish that the domestic industry has
suffered material injury in case of imports of PCL5, and has recommended
imposition of provisional anti-dumping duty on the imports of subject goods,
originating in or exported from, the People’s Republic of China (hereinafter
referred to as the subject country).
Now, therefore, in exercise of the powers conferred by sub-section (2) of
section 9A of the said Customs Tariff Act, read with rules 13 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 findings of the designated authority,
hereby imposes on the goods, the description of which is specified in column (3)
of the Table below, falling under sub heading 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 exported from the country as specified in the corresponding entry in
column (5), and produced by the producer as specified in the corresponding entry
in column (6), and exported by the exporter as specified in the corresponding
entry in column (7), and imported into India, an anti-dumping duty equal to the
amount mentioned in the corresponding entry in column (8), in the currency as
specified in the corresponding entry in column (10) and as per unit of
measurement as specified in the corresponding entry in column (9) of the said
Table.
Table
| Sl. No |
Subheading |
Description of goods |
Country of Origin |
Country of Exports |
Producer |
Exporter |
Duty Amount |
Unit |
Currency |
| (1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
| 1. |
2812 10 22 |
Phosphorus Pentachloride (PCL5) |
China PR |
China PR |
M/s Xuzhou Jianping Chemical Co. Ltd. |
M/s China Haohua Chemical (Group) Corporation |
0.326 |
Per KG |
US Dollar |
| 2. |
2812 10 22 |
Phosphorus Pentachloride (PCL5) |
China PR |
China PR |
M/s Xuzhou Jianping Chemical Co. Ltd. |
M/s Sinochem International Corporation |
0.436 |
Per KG |
US Dollar |
| 3. |
2812 10 22 |
Phosphorus Pentachloride (PCL5) |
China PR |
China PR |
Any combination of producer and exporter except at Sl. No. 1 and 2
|
0.638 |
Per KG |
US Dollar |
| 4. |
2812 10 22 |
Phosphorus Pentachloride (PCL5) |
China PR |
Any |
Any |
Any |
0.638 |
Per KG |
US Dollar |
| 5. |
2812 10 22 |
Phosphorus Pentachloride (PCL5) |
Any |
China PR |
Any |
Any |
0.638 |
Per KG |
US Dollar |
2. The anti-dumping duty imposed under this notification shall be effective up
to and inclusive of the 15th day of April, 2010 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.
[F.No.354/187/2009-TRU]
(Prashant Kumar)
Under Secretary to the Government of India.