[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)
New Delhi, the 24
th
August, 2015
Notification
No. 45/2015-Customs (ADD)
G.S.R. (E). – Whereas, the designated authority, vide notification No.
No.15/7/2014-DGAD, dated the 20
th
June, 2014, published in the Gazette of India, Extraordinary,
Part I, Section 1, had initiated a review in the matter of continuation of anti-dumping duty on
imports of Phosphoric Acid of all grades and all concentration (excluding Agriculture or
Fertilizer grade) (hereinafter referred to as the subject goods) falling under tariff item 2809 20 10
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 Korea RP (hereinafter referred to as the
subject country), imposed vide notification of the Government of India, in the Ministry of
Finance (Department of Revenue) No. 140/2009-Customs, dated the 15th December, 2009,
published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number
G.S.R. 897(E), dated the 15th December, 2009;
And whereas, the Central Government had extended the anti-dumping duty on the subject
goods, originating in or exported from the subject country upto and inclusive of the 21st June,
2015, vide notification of the Government of India, in the Ministry of Finance (Department of
Revenue) No.32/2014-Customs (ADD), dated the 23rd July, 2014, published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 527(E), dated the
23rd July, 2014;
And whereas, in the matter of review of anti-dumping duty on import of the subject
goods, originating in or exported from the subject country, the designated authority in its final
findings, published vide notification No.15/7/2014-DGAD, dated the 19th June, 2015, in the
Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that-
(i)the subject goods continue to be exported from the subject country to India below the
normal value resulting in dumping and injury to the domestic industry;
(ii)both dumping margin and injury margin are significant and positive in respect of
producers and exporters from the subject country, implying likelihood of intensified
dumping and consequent injury to the domestic industry;
(iii)the anti-dumping duty on the subject goods originating in or exported from the
subject country to India is required to be extended,
and has recommended imposition of anti-dumping duty on the subject goods, originating
in or exported from the subject country;
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 23 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 on the subject goods, the description of which is specified
in column (3) of the Table below, specification of which is specified in column (4), 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 (5),
exported from the country as specified in the corresponding entry in column (6), produced by the
producers as specified in the corresponding entry in column (7), exported 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 as specified in the corresponding entry in column (9), in the
currency as specified in the corresponding entry in column (11) and as per unit of measurement
as specified in the corresponding entry in column (10) of the said Table, namely:-
Table
S.
No
Tariff
Item
Descriptio
n of goods
SpecificationCountry
of origin
Countr
y of
export
ProducerExporterAmountUnit of
measur
ement
Currency
(1)(2) (3)
(4)
(5) (6) (7) (8) (9) (10)
(11)
1.2809
20 10
Phosphoric
Acid
All grades and
all
concentrations
(excluding
Agriculture or
Fertilizer
Grade)
Korea RPKorea
RP
Any Any 162.52Metric
Tonne
US
Dollar
2.2809
20 10
Phosphoric
Acid
All grades and
all
concentrations
(excluding
Agriculture or
Fertilizer
Grade)
Korea RPAny
count
ry
other
than
Korea
RP
Any Any 162.52Metric
Tonne
US
Dollar
3.2809
20 10
Phosphoric
Acid
All grades and
all
concentrations
(excluding
Agriculture or
Fertilizer
Grade)
Any
country
other than
Korea RP
Korea
RP
Any Any 162.52Metric
Tonne
US
Dollar
2. The anti-dumping duty imposed under this notification 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 paid 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 (Pt. I)]
(Anurag Sehgal)
Under Secretary to the Government of India
