[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No.140/2009-Customs
New Delhi, the 15
th
December, 2009
G.S.R. (E). - Whereas, in the matter of import 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 2010 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,
Korea RP (hereinafter referred to as the subject country) and imported into India, the designated authority in its preliminary
findings vide notification No.14/07/2007-DGAD, dated the 24th April, 2009, published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 24th April, 2009, had come to the conclusion that-
(a) the subject goods had 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 were substantial and above de minimis; and
(c) the domestic industry had suffered material injury and the injury had 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 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. 74/2009-Customs, dated 22
nd
June, 2009, published in the Gazette of India Extraordinary, Part
II, Section 3, Sub-section (i) vide number G.S.R. 438(E), dated the 22
nd
June, 2009;
And whereas, the designated authority in its final findings vide notification No. 14/07/2007-DGAD dated the 11
th
November,
2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 11
th
November, 2009, had come to the
conclusion that-
a. The subject goods had 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 were substantial and above de minimis;
c. The domestic industry had suffered material injury and the injury had been caused to the domestic industry, both by volume
and price effect of dumped imports of the subject goods originating in or exported from the 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 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), originating in the country as specified in
the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (7),
when exported from the country as specified in the corresponding entry in column (6), by the exporters as 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
S
.No
Sub-
heading
Description
of goods
Specification
Country of
origin
Country of
export
ProducerExporterAmountUnitCurrency
(1)(2) (3) (4) (5) (6) (7) (8)(9)(10)(11)
1
2809 20
10
Phosphoric
Acid
All grades and concentrations
(excluding Agricultural or Fertliser
grade)
Korea RPAny Any Any221.64MT
US
dollar
2
2809 20
10
Phosphoric
Acid
All grades and concentrations
(excluding Agricultural or Fertliser
grade)
Any Korea RPAny Any221.64MT
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.
[F.No.354/108/2009 -TRU]
(Prashant Kumar)
Under Secretary to the Government of India.
