Customs Notification No- 58/2011 dated 08/07/2011
Regarding definitive anti dumping duty on STPP originating in, or exported from,
People’s Republic of China
G.S.R. (E). - Whereas in the matter of imports of Sodium Tripoly Phosphate (STPP)
(hereinafter referred to as the subject goods), falling under sub- heading 2835
31 00 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 as the subject country) and imported into India, the designated
authority vide its preliminary findings notification No. 14/25/2009–DGAD, dated
the 21st May, 2010, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 21st May, 2010 , had come to the conclusion that-
(a) the subject goods had entered the Indian market 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 (2%);
(c) the domestic industry had suffered material injury and the injury had been
caused to the domestic industry, both by volume and 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 No. 96/2010-Customs, dated the 21st September published
in the Gazette of India, Extraordinary Part II, Section 3, Sub-section (i), vide
number G.S.R. 773 (E), dated the 21st September, 2010;
And whereas, the designated authority, vide its final findings notification No.
14/25/2009-DGAD dated the 3rd May, 2011, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 3rd May, 2011, had come to the
conclusion that-
(a) the subject goods had entered the Indian market 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 (2%);
(c) the domestic industry had suffered material injury and the injury had been
caused to the domestic industry, both by volume and price effect of dumped
imports of the subject goods originating in or exported from the subject
country;
Now, therefore, in exercise of the powers conferred by sub-section (1) read with
sub-section (5) of section 9A of the said Customs Tariff Act, 1975 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 findings of the
designated authority, hereby imposes definitive anti- dumping duty on the goods,
the description of which is specified in column (3) of the Table below, falling
under sub-heading of the First Schedule to the said Customs Tariff Act, as
specified in the corresponding entry in column (2),originating in the country
specified in the corresponding entry in column (4), and exported from the
country specified in the corresponding entry in column (5) and produced by the
producer specified in the corresponding entry in column (6) and exported by the
exporter specified in the corresponding entry in column (7), and imported into
India, an anti-dumping duty at the rate equal to the amount indicated in the
corresponding entry in column (8), in the currency as specified in the
corresponding entry in column (10) and per unit of measurement as specified in
the corresponding entry in column (9) of the said Table.
Table
| S. No. |
Sub Heading |
Description of Goods |
Country Of Origin |
Country Of Export |
Producer |
Exporter |
Duty Amount |
Unit of Measurement |
Currenc |
| (1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
| 1. |
28353100 |
Sodium Tripoly Phosphate (STPP) |
China PR |
China PR |
Yibin Tianlan Chemical Co., Ltd. |
Yibin Tianyuan Group Co., Ltd |
0.293 |
Kg |
USD |
| 2. |
28353100 |
Sodium Tripoly Phosphate (STPP) |
China PR |
China PR |
Sichuan Blue Sword Chuanxi Phosphochemicals Co., Ltd. |
Sichuan Blue Sword Import & Export Co., Ltd. |
0.238 |
Kg |
USD |
| 3. |
28353100 |
Sodium Tripoly Phosphate (STPP) |
China PR |
China PR |
Any Combination of producer and exporter other than Sl. No. 1 & 2 |
0.556 |
Kg |
USD |
| 4. |
28353100 |
Sodium Tripoly Phosphate (STPP) |
China PR |
Any country other than China PR |
Any |
Any |
0.556 |
Kg |
USD |
| 5. |
28353100 |
Sodium Tripoly Phosphate (STPP) |
Any country other than China PR |
China PR |
Any |
Any |
0.556 |
Kg |
USD |
2. The anti-dumping duty imposed shall be effective for a period of five years
(unless revoked, superseded or amended earlier) from the date of imposition of
the provisional anti-dumping duty, that is, the 21st September, 2010, and shall
be payable 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.354/106/2010 –TRU (Pt)
(Sanjeev Kumar Singh)
Under Secretary to the Government of India.
CORRIGENDUM
New Delhi, the 14th July, 2011
G.S.R. (E).- In the notification of the Government of India in the Ministry of
Finance (Department of Revenue), No. 58/2011-Customs, dated the 8th July, 2011
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R. 525 (E), dated the 8th July, 2011, in column
(3) of the Table,-
for the words and figures “Sodium Tripoly Phosphate (STPP) ”, read “Sodium
Tripoly Phosphate (STPP) other than Food Grade ”
[F.No.354/106/2010 –TRU (Pt)]
(Sanjeev Kumar Singh)
Under Secretary to the Government of India.