[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.8/2017-Customs (ADD)
New Delhi, the
15th March, 2017
G.S.R. (E).- Whereas, in the matter of import of
Phosphoric Acid-Technical Grade and Food Grade (including Industrial Grade)
[hereinafter referred to as the subject goods], falling under the sub-heading
2809 20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975),
originating in or exported from People’s Republic of China (hereinafter
referred to as the subject country), the designated authority, vide its final
findings in notification No.15/1010/2012-DGAD, dated the 8th November, 2013,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
8th November, 2013, had come to the conclusion that –
(i) The subject goods were entering the
Indian market at dumped and injurious prices;
(ii) The imports of the subject goods from the
subject country continued to be at dumped prices in spite of existing
anti-dumping duties;
(iii) In the event of cessation of the existing
anti-dumping duty, there was likelihood that the subject country would divert
the subject goods to India at dumped and injurious prices
And had recommended
continued imposition of definitive anti-dumping duty on modified rates on
imports of the 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 an anti-dumping duty on the subject goods,
vide, notification of the Government of India in the Ministry of Finance
(Department of Revenue), No.33/2013- Customs (ADD), dated the 31st December,
2013, published vide G.S.R. 811(E) in the Gazette of India, Extraordinary, Part
II, Section 3, Sub-Section (i), dated the 31st December, 2013;
And
Whereas, M/s. Guangxi Quinzhou Capital Success Chemical Co. Ltd. (producer or
exporter) have requested for review in terms of rule 22 of the Customs Tariff
(Identification, Assessment and Collection of Anti-dumping Duty on Dumped
Articles and for Determination of Injury) Rules, 1995, in respect of exports of
the subject goods made by them, and the designated authority, vide new shipper
review notification No.15/5/2016-DGAD, dated 9th February, 2017, published in
the Gazette of India, Extraordinary, Part I, Section 1, dated the 9th February,
2017, has recommended provisional assessment of all exports of the subject
goods made by the above stated party till the completion of the review by it;
Now
therefore, in exercise of the powers conferred by sub-rule (2) of rule 22 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 recommendation of the
designated authority, hereby orders that pending the outcome of the said review
by the designated authority, the subject goods, when originating in or exported
from the subject country by M/s. Guangxi Quinzhou Capital Success Chemical Co. Ltd.
(producer or exporter) and imported into India, shall be subjected to
provisional assessment till the review is completed.
2. The provisional assessment may be
subject to such security or guarantee as the proper officer of customs deems
fit for payment of the deficiency, if any, in case a definitive antidumping
duty is imposed retrospectively, on completion of investigation by the
designated authority.
3. In case of recommendation of
anti-dumping duty after completion of the said review by the designated
authority, the importer shall be liable to pay the amount of such anti-dumping
duty recommended on review and imposed on all imports of subject goods when
originating in or exported from the subject country by M/s. Guangxi Quinzhou
Capital Success Chemical Co. Ltd. (producer or exporter) and imported into
India, from the date of initiation of the said review.
[F.No.354/87/2007-TRU
(Pt.-II)]
(Anurag Sehgal)
Under Secretary to the Government of India
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