Provisional anti-dumping duty on all imports of Ammonium nitrate, originating in, or exported from Russia and Iran

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Customs Notification No. 109/2003 dated 14.7.2003
Provisional anti-dumping duty on all imports of Ammonium nitrate, originating in, or exported from Russia and Iran

G.S.R. (E).- WHEREAS in the matter of import of Ammonium nitrate, falling under tariff item 3102 30 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Russia and Iran, the designated authority vide its preliminary findings notification No.14/36/2002-DGAD dated the 7th April, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8th April, 2003, has come to the conclusion that –

(a) High density ammonim nitrate prill/Ammonium Nitrate in bulk (Fertiliser grade) are exported to India from Russia and Iran below their normal value;

(b) The domestic industry has suffered material injury;

(d) There is a threat of injury due to imminent imports of like article in large quantities;

(e) The domestic industry produces like article;

(f) There is significant capacity for export purposes available with the exporter since there is very low home consumption demand in Iran and huge surplus available in Russia due to imposition of anti-dumping duty by USA, EC, Australia and Hungary and the recent dumped imports have caused price depression and are imminent threat to the domestic producers of Ammonium nitrate in India. The significant demand of Ammonium nitrate in India provides a market to the exporters from Russia and Iran.

and has recommended imposition of provisional anti-dumping duty, pending final determination, on all imports of Ammonium nitrate, originating in, or exported from Russia and Iran;

Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 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 on the goods, the description of which is specified in column (3) of the Table below, falling under tariff item of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table, originating in the country as specified in the corresponding entry in column (5) , and produced by the producer as specified in the corresponding entry in column (7), when exported from the country as specified in the corresponding entry in column (6), by the exporter as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between, the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table, and the landed value of such imported goods in like currency per like unit of measurement.

TABLE

S. No.	Tariff item	Description of goods	Specification	Country of origin	Country of Export	Producer	Exporter	Amount	Unit of measurement	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	3102 30 00	Ammonium nitrate	Melt	Russia	Any country	Any producer	Any exporter	148.48	Metric tonne	US Dollar
2.	3102 30 00	Ammonium nitrate	High density ammonium nitrate prills, with bulk density more than 0.85 gram per mililitre	Russia	Any country	Any producer	Any exporter	164.12	Metric tonne	US Dollar
3.	3102 30 00	Ammonium nitrate	Low density ammonium nitrate prills, with bulk density less than or equal to 0.85 gram per mililitre	Russia	Any country	Any producer	Any exporter	183.08	Metric tonne	US Dollar
4.	3102 30 00	Ammonium nitrate	Melt	Any country	Russia	Any producer	Any exporter	148.48	Metric tonne	US Dollar
5.	3102 30 00	Ammonium nitrate	High density ammonium nitrate prills, with bulk density more than 0.85 gram per mililitre	Any country	Russia	Any producer	Any exporter	164.12	Metric tonne	US Dollar
6.	3102 30 00	Ammonium nitrate	Low density ammonium nitrate prills, with bulk density less than or equal to 0.85 gram per mililitre	Any country	Russia	Any producer	Any exporter	183.08	Metric tonne	US Dollar
7.	3102 30 00	Ammonium nitrate	Melt	Iran	Any country	Any producer	Any exporter	148.48	Metric tonne	US Dollar
8.	3102 30 00	Ammonium nitrate	High density ammonium nitrate prills, with bulk density more than 0.85 gram per mililitre	Iran	Any country	Any producer	Any exporter	164.12	Metric tonne	US Dollar
9.	3102 30 00	Ammonium nitrate	Low density ammonium nitrate prills, with bulk density less than or equal to 0.85 gram per mililitre	Iran	Any country	Any producer	Any exporter	183.08	Metric tonne	US Dollar
10.	3102 30 00	Ammonium nitrate	Melt	Any country	Iran	Any producer	Any exporter	148.48	Metric tonne	US Dollar
11.	3102 30 00	Ammonium nitrate	High density ammonium nitrate prills, with bulk density more than 0.85 gram per mililitre	Any country	Iran	Any producer	Any exporter	164.12	Metric tonne	US Dollar
12.	3102 30 00	Ammonium nitrate	Low density ammonium nitrate prills, with bulk density less than or equal to 0.85 gram per mililitre	Any country	Iran	Any producer	Any exporter	183.08	Metric tonne	US Dollar

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 13th day of January, 2004, and shall be payable in Indian currency.

(a) “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;

(b) rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification issued from time to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, 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.