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NOTIFICATION No. 74/2009-Customs
Dated: June 22, 2009
Whereas in the matter of imports of Phosphoric Acid of all grades and all concentration (excluding Agriculture or Fertiliser grade) [hereinafter referred to as the subject goods], falling under sub-heading 2809 20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Korea RP (hereinafter referred to as the subject country) and imported into India, the designated authority in its preliminary findings vide notification No.14/7/2007-DGAD dated the 24th April, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th April, 2009, has come to the conclusion that –
a. the subject goods have been exported to
India from the subject country at prices less than their normal values in the domestic market of the exporting country;
b. the dumping margins of the subject goods imported from the subject country are substantial and above de minimis; and
c. the domestic industry has suffered material injury and the injury has been caused to the domestic industry mainly by price effect of dumped imports of the subject goods originating in or exported from the subject country;
and has recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in, or exported from, the subject country;
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, 1975 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), the specification of which is specified in column (4) of the said Table, originating in the country specified in the corresponding entry in column (5), and exported from the country specified in the corresponding entry in column (6) and produced by the producer specified in the corresponding entry in column (7) and exported by the exporter specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate equal to the amount indicated in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10) of the said Table.
Table
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S .No
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Sub-heading
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Description of goods
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Specification
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Country of origin
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Country of export
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Producer
|
Exporter
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Amount
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Unit of measur-ement
|
Curre-ncy
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(1)
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(2)
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(3)
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(4)
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(50
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(6 )
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(7)
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(8)
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(9 )
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(10)
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(11)
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1
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2809 20
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Phosphoric Acid
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All grades and concentrations (excluding Agricultural or Fertiliser)
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|
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Any
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Any
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218.63
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MT
|
US dollar
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|
2
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2809 20
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Phosphoric Acid
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All grades and concentrations (excluding Agricultural or Fertiliser )
|
|
Any
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Any
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Any
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218.63
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MT
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US dollar
|
|
3
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2809 20
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Phosphoric Acid
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All grades and concentrations (excluding Agricultural or Fertiliser)
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Any country other than country (ies) attracting anti-dumping duty.
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|
Any
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Any
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218.63
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MT
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US dollar
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3. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 21st December, 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 th e 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.354/108/2009 –TRU]
(Prashant Kumar)
Under Secretary to the Government of
India
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al injury due to dumping of the subject goods; and
c. 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;
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 heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country specified in the corresponding entry in column (4), and exported from the country specified in the corresponding entry in column (5), and produced by the producer specified in the corresponding entry in column (6), and exported by the exporter 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
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S.No
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Heading
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Description of goods
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Country of origin
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Country of export
|
Producer
|
Exporter
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Amount
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Unit of measurement
|
Currency
|
|
(1)
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(2)
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(3)
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(4)
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(5)
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(6)
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(7)
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(8)
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(9)
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(10)
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1
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2930
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Diethyl Thio Phosphoryl Chloride (DETPC)
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People's Republic of
China
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People's Republic of
China
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Yangxin Chentian Chemical Industry Co., Ltd.
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Yangxin Chentian Chemical Industry Co., Ltd.
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0.925
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Kilogram
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US dollar
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2
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2930
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Diethyl Thio Phosphoryl Chloride (DETPC)
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People's Republic of
China
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People's Republic of
China
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Lianyungang Liben Agro-chemical Co., Ltd.
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Lianyungang Liben Agro-chemical Co., Ltd.
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0.734
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Kilogram
|
US dollar
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3
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2930
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Diethyl Thio Phosphoryl Chloride (DETPC)
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People's Republic of
China
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People's Republic of
China
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Xingtai Pesticide Co., Ltd.
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Xingtai Pesticide Co., Ltd.
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0.478
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Kilogram
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US dollar
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4
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2930
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Diethyl Thio Phosphoryl Chloride (DETPC)
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People's Republic of
China
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People's Republic of
China
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Zhejiang Xinnong Chemical Co., Ltd.
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Zhejiang Xinnong Chemical Co., Ltd.
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0.770
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Kilogram
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US dollar
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5
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2930
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Diethyl Thio Phosphoryl Chloride (DETPC)
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People's Republic of
China
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People's Republic of
China
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Any combination other than the above
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1.362
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Kilogram
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Per Kg
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6
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2930
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Diethyl Thio Phosphoryl Chloride (DETPC)
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People's Republic of
China
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Any country other than People's Republic of
China
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Any
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Any
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1.362
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Kilogram
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US dollar
|
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7
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2930
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Diethyl Thio Phosphoryl Chloride (DETPC)
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Any country other than People's Republic of
China
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People's Republic of
China
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Any
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Any
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1.362
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Kilogram
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US dollar
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2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 21st December, 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 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 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.354/127/2009-TRU]
(Prashant Kumar)
Under Secretary to the Government of
India.
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