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Anti-Dumping Duty: Pentaerythritol, Originating in, or Exported from,
Canada, Japan and Taiwan
Customs Notification No. 119 dated 31st October 2002
WHEREAS in the matter of import of Pentaerythritol, falling under
sub-heading 2905.42 of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975), originating in, or exported from, Canada, Japan and Taiwan, the
designated authority vide its preliminary findings Notification No.
47/1/2001-DGAD dated the 15thFebruary,
2002, published in the Gazette of India, Extraordinary, Part I, Section
1, dated the 16thFebruary,
2002, had come to the conclusion that -
(a)
Pentaerythritol, originating in, or exported from, Canada, Japan and
Taiwan, had been exported to India below normal value, resulting in dumping;
(b)
the Indian industry had suffered material injury from exports of
Pentaerythritol from Canada, Japan and Taiwan; and
(c)
the injury had been caused cumulatively by the dumped imports from
Canada, Japan and Taiwan;
AND WHEREAS on the basis of the aforesaid
findings of the designated authority, the Central Government had imposed an
anti-dumping duty on Pentaerythritol vide notification of the Government
of India in the erstwhile Ministry of Finance (Department of Revenue), No. 33/
2002 - Customs, dated the 27th March, 2002, [G.S.R. 230 (E), dated
the 27th March, 2002], published in Part II, Section 3, Sub-section
(i) of the Gazette of India, Extraordinary, dated the 27th March,
2002;
AND WHEREAS the designated authority, vide
its final findings notification No. 48/ 1/ 2001-DGAD, dated the 8th
October, 2002 published in the Gazette of India, Extraordinary, Part I, Section
1, dated the 8th October, 2002 has come to the conclusion that -
(a)
Pentaerythritol, originating in, or exported from, Canada, Japan and
Taiwan, has been exported to India below normal value, resulting in dumping;
(b)
the Indian industry has suffered material injury from exports of
Pentaerythritol from Canada, Japan and Taiwan;
(c)
the injury has been caused cumulatively by the dumped imports from
Canada, Japan and Taiwan;
And has recommended the imposition of
definitive anti-dumping duty on all imports of the said Pentaerythritol,
originating in, or exported from, Canada, Japan and Taiwan;
NOW, THEREFORE, in exercise of the powers
conferred by sub-section (1), read with sub-section (5) of section 9A of the
said Customs Tariff Act, 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 all imports of Pentaerythritol, falling under sub-heading 2905.42 of
the First Schedule to the said Customs Tariff Act, originating in, or exported
from, the countries specified in column (2) of the Table below and imported into
India, an anti-dumping duty at a rate which is specified in the corresponding
entry in column(3) of the said Table.
TABLE
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S.No.
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Name
of the Country
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Rate
of Anti-dumping Duty (US $ per metric tonne)
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(1)
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(2)
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(3)
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1.
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Canada
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122.40
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2.
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Japan
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183.60
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3.
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Taiwan
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257.60
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2.
The anti-dumping duty imposed under this notification shall be levied
with effect from the date of imposition of the provisional anti-dumping duty,
i.e. the 27th March 2002, 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 and Company Affairs (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.
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