Pentaerythritol from Taiwan – Final Findings
[Customs Notification
No. 74 dated 12th August 2011]
Whereas,
the designated authority vide notification No. 15/10/2010-DGAD, dated the 22nd
June, 2010, published in the Gazette of India, Extraordinary, Part I, Section
1, dated the 22nd June, 2010, 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 (hereinafter referred to as the
subject countries), imposed vide notification of the Government of India
in the Ministry of Finance (Department of Revenue), No.55/2008-Customs, dated the 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, in the matter of Mid-term 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. 15/10/2010-DGAD dated
the 17th June, 2011, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 17th June, 2011, had
come to the conclusion that-
(i) the
subject goods were entering the Indian market at dumped prices and dumping
margins of the subject goods imported from Chinese Taipei is significant and
above de-minimis;
(ii) the subject goods continue to be exported to India at dumped
prices in spite of existing anti dumping duties;
(iii) the domestic industry continues to suffer
material injury on account of dumped imports of subject goods from Chinese
Taipei in spite of existing anti dumping duties; and
should the present anti dumping duties not be
enhanced, injury to the domestic industry is likely to intensify;
and had recommended continuation of anti-dumping duty,
at specified rates 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 |
Heading |
Description
of goods |
Specifi-cation |
Country
of origin |
Country
of export |
Producer |
Exporter |
Duty
amount |
Unit
of measur-ement |
Currency |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
|
1 |
2905
42 |
Pentaerythritol |
Any
grade |
Chinese
Taipei |
Chinese
Taipei |
Any |
Any |
24,167 |
MT |
INR |
|
2 |
2905
42 |
Pentaerythritol |
Any
grade |
Chinese
Taipei |
Any
country except country/ies or territory subject to anti dumping duty |
Any |
Any |
24,167 |
MT |
INR |
|
3 |
2905
42 |
Pentaerythritol |
Any
grade |
Any
country except country/ies or territory subject to anti dumping duty |
Chinese
Taipei |
Any |
Any |
24,167 |
MT |
INR |
2. The anti-dumping duty imposed under this
notification shall be effective up to and inclusive of 27th April,
2013 with effect from the date of publication of this notification in the
official Gazette and will be paid in Indian currency.
Explanation. - 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 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-I)]