Notification No. 94/2001, Dated 12th Sept 2001

12^th September, 2001

Notification No. 94 /2001-Customs

            WHEREAS in the matter of import of Phosphoric acid (Technical grade), falling under sub-heading No. 2809.20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 9^th April, 2001 had come to the conclusion that -

(a)	Phosphoric acid (Technical grade) has been exported to India from the People’s Republic of China below its normal value;
(b)	the Indian industry has suffered material injury;
(c)	the injury has been caused by dumped imports from the People’s Republic of China;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 47/2001–Customs, dated the 10^th May 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 10^th May 2001 vide G.S.R. 331(E), dated the 10^th May 2001;

AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 10^th August, 2001 has come to the conclusion that -

(a) Phosphoric acid (Technical grade) has been exported to India from the People’s Republic of China below its normal value;

(b) the Indian industry has suffered material injury;

(c) the injury has been caused by dumped imports from the People’s Republic of China;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said 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, on the basis of the aforesaid final findings of the designated authority, hereby imposes on Phosphoric acid (Technical grade), that is Phosphoric acid having purity level of 85 per cent or above by mass and arsenic content not exceeding 15 parts per million, falling under sub-heading No. 2809.20 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the People’s Republic of China, and when imported into India, an anti-dumping duty at the rate of US $ 121 per metric tonne.

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 10^th May, 2001, and shall be paid in Indian currency.

Explanation - For the purposes of this notification, the 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 under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act, (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.

G.D.Lohani
Under Secretary to the Government of India

F.No.354/53/2001-TRU (Pt-II)