MANU/CUST/0258/2009

Ministry : Ministry of Finance

Department/Board : Custom

Notification No :140/2009

Date : 15.12.2009

Imposition of provisional anti-dumping duty on the imports of Phosphoric Acid, originating in, or exported from, Korea RP

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 22nd 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 22nd June, 2009;

And whereas, the designated authority in its final findings vide notification No. 14/07/2007-DGAD dated the 11th November, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 11th 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 mar........