Seeks to levy definitive anti-dumping duty on imports of 'Red Phosphorous, excluding red phosphorous used in electronic applications', originating in, or exported from, the People’s Republic of China for a period of five years

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 13/2014-Customs (ADD)

      New Delhi, the 19th March, 2014

            G.S.R.    (E). –Whereas  in the matter of ‘Red Phosphorous, excluding red phosphorous used in electronic applications’ (hereinafter referred to as the subject goods), falling under Chapter 28 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 (hereinafter referred to as the subject country), and imported into India, the designated authority in its final findings published in the Gazette of India, Extraordinary, Part I, Section 1,vide notification number 14/12/2012-DGAD dated the 27^th December, 2013, had come to the conclusion that –
(a)  the subject goods have been exported to India from the subject country below  normal value, thus resulting in the dumping of the product in the country;
(b) the domestic industry has suffered material injury;
(c)  the material injury to the domestic industry has been caused by the dumped imports of subject goods from the subject country;
And whereas, the designated authority in its aforesaid findings has recommended imposition of definitive anti-dumping duty on imports of the subject goods, originating in or exported from the subject country and imported into India, in order to remove injury to the domestic industry;
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 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, 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, 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 countries as specified in the corresponding entry in column (4),  and exported from the countries as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (6), and exported by the exporters as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount as specified 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

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.354/38/2014-TRU

    (Akshay Joshi)

Under Secretary to the Government of India