5 Years Extension of Anti-dumping levy on Pentaerythritol from Taiwan

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of the subject goods from subject countries and injury to the domestic industry is likely to continue if the duties are withdrawn;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)

1.

2905 42

Pentaerythritol

Any grade

Chinese Taipei

Chinese Taipei

Any

Any

9220

MT

Rupees

2.

2905 42

Pentaerythritol

Any grade

Any other than Japan, People’s Republic of China and Sweden

Chinese Taipei

Any

Any

9220

MT

Rupees

3.

2905 42

Pentaerythritol

Any grade

Chinese Taipei

Any

Any

Any

9220

MT

Rupees

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

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]