Pentaerythritol from Taiwan Anti-dumping Duty Slashed 68% in Review
[Customs
Notification No. 49 (ADD) dated 31st December 2014]
Whereas,
the designated authority, vide notification No. 15/19/2012-DGAD dated
25th April, 2013 published in the Gazette of India, Extraordinary, Part I, Section
1, had initiated a review in the matter of continuation of anti-dumping duty on
imports of 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) (hereinafter referred to as the Customs Tariff Act),
originating in or exported from Chinese Taipei (hereinafter referred to as the
subject country), imposed vide notification of the Government of India,
in the Ministry of Finance (Department of Revenue) No. 55/2008-Customs dated
28th April, 2008, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R. 309(E), dated the 28th
April, 2008;
And
whereas, the notification No. 55/2008-Customs dated 28th April, 2008, published
in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide
number G.S.R. 309(E), dated the 28th April, 2008 was amended to omit
entries at S. No. 1, 2 and 3 in the Table of the said notification, relating to
the imports of the subject goods, originating in, or exported from, Chinese
Taipei by notification No. 75/2011-Customs dated 12th August, 2011, published
in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide
number G.S.R. 624(E), dated the 12th August, 2011;
And
whereas, by notification No. 74/2011-Customs dated 12th August, 2011, published
in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide
number G.S.R. 623(E), dated the 12th August, 2011, modified anti-dumping
duty was imposed on the subject goods originating in or exported from Chinese
Taipei which was valid upto the 27th April, 2013;
And
whereas, the Central Government had extended the anti-dumping duty on the
subject goods, originating in or exported from the subject country upto and
inclusive of the 27th April, 2014 vide notification of the Government of
India, in the Ministry of Finance (Department of Revenue) No. 13/2013-Customs
dated (ADD) dated 25th June, 2013, published in Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) vide number G.S.R 407(E), dated the
25th June, 2013;
And
whereas, in the matter of review of anti-dumping duty on import of the subject
goods, originating in or exported from the subject country, the designated
authority in its final findings, published vide notification No.
15/19/2012-DGAD dated 16th October, 2014, in Gazette of India, Extraordinary,
Part I, Section 1, has come to the conclusion that-
(i) there is
continued dumping of the subject goods from the subject country;
(ii) the dumping
and injury is likely to continue and further intensify if the anti dumping duty
is revoked,
and
has recommended imposition of the anti-dumping duty on the subject goods,
originating in or exported from the subject countries.
Now,
therefore, in exercise of the powers conferred by sub-sections (1) and (5) of
section 9A of the Customs Tariff Act, read with rules 18 and 23 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 final findings of the designated
authority, hereby imposes on the subject goods, the description of which is
specified in column (3) of the Table below, specification of which is mentioned
in column (4), falling under sub-heading of the First Schedule to the Customs
Tariff Act as specified in the corresponding entry in column (2), originating
in the countries as specified in the corresponding entry in column (5),
exported from the countries as specified in the corresponding entry in column
(6), produced by the producers as specified in the corresponding entry in
column (7), exported by the exporters as specified in the corresponding entry
in column (8), and imported into India, an anti-dumping duty at the rate equal
to the amount as specified 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, namely:-
|
Table |
||||||||||
|
SNo. |
Sub-heading |
Description of goods |
Specifications |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1 |
2905 42 |
Pentaerythritol |
Any grade |
Chinese Taipei |
Chinese Taipei |
Any |
Any |
664 |
MT |
US Dollar |
|
2 |
2905 42 |
Pentaerythritol |
Any grade |
Chinese Taipei |
Any |
Any |
Any |
664 |
MT |
US Dollar |
|
3 |
2905 42 |
Pentaerythritol |
Any grade |
Any |
Chinese Taipei |
Any |
Any |
664 |
MT |
US Dollar |
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 and shall be paid 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.
354/29/2002-TRU (Pt.-II)]