Anti-dumping
Duty on Pentaerythritol from Taiwan and Japan – See Notification 74/12.08.2011
Ntfn 55 Whereas, the designated authority
28.04.2008 vide notification No.
15/7/2006-
DGAD, dated the 15th March, 2007, published in Part I, Section
1 of the Gazette of India, Extraordinary, dated the 15th March, 2007, had initiated review,
in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51
of 1975) and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment
and Collection of Anti-dumping Duty on Dumped Articles and for Determination of
Injury) Rules, 1995 (hereinafter referred to as the said rules), in the matter
of continuation of anti-dumping duty on Pentaerythritol (hereinafter referred
to as the subject goods) falling under sub-heading 2905 42 of the First
Schedule to the Customs Tariff Act 1975, (51 of 1975), originating in, or
exported from, Chinese Taipei and Japan (hereinafter referred to as the subject
countries), imposed vide notification of the Government of India in the
Ministry of Finance (Department of Revenue), No.119/2002-Customs, dated the 31st October, 2002, published in the
Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide
number G.S.R.743(E), dated the 31st October, 2002;
And
whereas, the Central Government had extended the anti-dumping duty on the
subject goods, originating in, or exported from, the subject countries upto and
inclusive of the 26th March, 2008 vide notification of the Government of India, in the
Ministry of Finance (Department of Revenue), No. 46/2007 -CUSTOMS dated the 26th March, 2007, vide number
G.S.R. 239(E), dated the 26th March, 2007, published in Part II, Section 3, Sub-section (i) of the
Gazette of India, Extraordinary, dated the 26th March, 2007;
And
whereas, in the matter of review of anti-dumping on import of the subject
goods, originating in, or exported from, the subject countries, the designated
authority vide its final findings No. 15/7/2006-DGAD dated the 5th March, 2008, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 5th March, 2008, has come to the
conclusion that-
(a) the subject goods are continuing to enter the Indian market from
the subject countries at dumped prices;
(b) the domestic industry is suffering material injury due to the
dumped imports; and
(c) dumping of the subject goods from subject countries and injury to
the domestic industry is likely to continue if the duties are withdrawn;
and
has recommended continued imposition of definitive anti-dumping duty against
the subject goods, originating in, or exported from, the subject countries in
order to remove injury to the domestic industry;
Now, therefore, in exercise of the powers conferred by sub-sections (1)
and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) read with
rules 18 and 23 of the said rules, the Central Government, after considering
the aforesaid findings of the designated authority, hereby imposes on the
subject 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), 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
exported from the country as specified in the corresponding entry in column
(6), and produced by the producer as specified in the corresponding entry in
column (7), and exported by the exporter as specified in the corresponding
entry in column (8), and imported into India, an anti-dumping duty which shall
be equal to the amount mentioned in the corresponding entry in column (9) in
the currency as specified in the corresponding entry in column (11) and as per
unit of measurement as specified in the corresponding entry in column (10), of
the said Table.
Table
|
S No. |
Sub- heading |
Description of
goods |
Specification |
Country of
origin |
Country of
export |
Producer |
Exporter |
Amount |
Unit of
measure-ment |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
4. |
2905 42 |
Pentaerythritol |
Any grade |
Japan |
Japan |
Any |
Any |
25271 |
MT |
Rupees |
|
5. |
2905 42 |
Pentaerythritol |
Any grade |
Any other than Chinese Taipei, People’s Republic of China and Sweden |
Japan |
Any |
Any |
25271 |
MT |
Rupees |
|
6. |
2905 42 |
Pentaerythritol |
Any grade |
Japan |
Any |
Any |
Any |
25271 |
MT |
Rupees |
[SNos. 1, 2 and 3
omitted by 75/12.08.2011]
Provided that this notification shall not apply
to the imports of subject goods exported from subject countries and originating
from any country which is subject to levy of anti-dumping duty under a
notification of the Government of India in the Ministry of Finance (Department
of Revenue).
2. The
anti-dumping duty imposed under this notification shall be effective for a
period of five years (unless revoked, superseded or amended earlier) from the
date of publication of this notification in the Official Gazette.
[F. No.354/29/2002-TRU]