GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Notification No.74 /2011-Customs

New Delhi, the 12^th August, 2011

G.S.R. (E). – 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-

1.  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;
   
   
2. the subject goods continue to be exported to India at dumped prices in spite of existing anti dumping duties;
   
   
3. 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

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.

(Sanjeev Kumar Singh)
Under Secretary to the Government of India
[F. No.354/29/2002-TRU (Pt-I)]