Pentaerythritol from China and Sweden – Final Findings

Ntfn 37         Whereas, in the matter of import
20.04.2006   of Pentaerythritol (hereinafter referred
                     to as the subject goods) falling under sub heading No2905 42 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, People’s Republic of China and Sweden,(hereinafter referred to as the subject countries), the designated authority in its preliminary findings vide notification No.14/16/2004 -DGAD, dated the 5th August, 2005, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5th August, 2005 had come to the conclusion that–

(i) The subject goods originating in or exported from the subject countries have been exported to India below its normal value.

(ii) The domestic industry has suffered material injury.

(iii) The injury has been caused to the domestic industry by dumped imports of the subject goods originating in or exported from the subject countries

And whereas on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 93/2005-CUSTOMS, dated the 20th October, 2005, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 20th October, 2005, vide G.S.R. 642 (E), dated 20th October, 2005;

And whereas the designated authority, vide notification No. No.14/16/2004 -DGAD, dated the 2nd February, 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2nd February, 2006, has come to the conclusion that –

(a).Subject goods originating in or exported from the subject countries have been exported to India below its normal value;

(b).The domestic Industry has suffered material injury;

(c).The injury has been caused to the domestic industry of the Subject goods originating in or exported from the from the subject countries;

and has recommended imposition of anti-dumping duty on all imports of subject goods.

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-section (5) of the said section 9A and 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 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, falling under 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), originating in the countries as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is 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.

Table

SNo.

Heading No.

Description

Specifi-cation

Country of origin

Country of export

Producer

Exporter

Amount

Unit

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1.

2905

Pentaerythritol

Any

China PR

China PR

M/s Shanxi, China PR

M/s Shanxi, China PR

387.87

MT

US$

2.

2905

Pentaerythritol

Any

China PR

China PR

M/s Shanxi, China PR

Any exporter other than M/s Hubei, China PR

387.87

MT

US$

3.

2905

Pentaerythritol

Any

China PR

China PR

M/s Hubei, China PR

M/s Hubei, China PR

324.38

MT

US$

4.

2905

Pentaerythritol

Any

China PR

China PR

M/s Hubei, China PR

Any exporter other than M/s Shanxi, China PR

324.38

MT

US$

5.

2905

Pentaerythritol

Any

China PR

China PR

Any producer, other than M/s Hubei, and M/s Shanxi, China PR

Any exporter, other than M/s Hubei, and M/s Shanxi, China PR

554.95

MT

US$

6.

2905

Pentaerythritol

Any

China PR

Any,

Any producer, other than M/s Hubei, and M/s Shanxi, China PR

Any exporter, other than M/s Hubei, and M/s Shanxi, China PR

554.95

MT

US$

7.

2905

Pentaerythritol

Any

Sweden

Sweden

Any producer

Any exporter

449.83

MT

US$

8.

2905

Pentaerythritol

Any

Sweden

Any (other than Sweden)

Any producer

Any exporter

449.83

MT

US$

2. The anti-dumping duty imposed under this notification shall be effective up to and inclusive of the 19th day of October, 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 sub-clause (i) of clause (a) of sub-section (3) of 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.