Notification No. 93/2005, Dated 20th Oct 2005

Imposes of provisional anti-dumping duty on import of Pentaerythritol, in all forms, originating in or exported from the People’s Republic of China and Sweden

20^th October, 2005

Notification No. 93/2005-Customs

G.S.R.    (E).- Whereas, in the matter of import of Pentaerythritol hereinafter referred to as the subject goods) falling under sub heading No2905 42 of the Customs Tariff Act, 1975of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from People’s Republic of China and Sweden,(hereinafter referred to as the subject countries/territories) the designated authority vide its preliminary findings in notification No.14/16/2004 -DGAD, dated the 5^th August 2005, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5^th August 2005 has come to the conclusion that–
 

(i)            The subject goods originating 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 has considered it necessary to recommend the imposition of provisional anti-dumping duty on import of subject goods, in all forms, originating in or exported from the People’s Republic of China and Sweden,
 

Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 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 findings of the designated authority, hereby imposes on the said 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 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  of difference between  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, and the landed value of such imported goods in like currency per like unit of measurement.

Table

2.             The anti-dumping duty imposed under this notification shall be effective up to and inclusive of the 19^th day of April, 2006, and shall be payable in Indian currency.

Explanation. - For the purposes of this notification, -

(a) “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;

(b) 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 said Customs Act, 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.354/151/2005-TRU

                 (Ajay)

                                                                                                      Under Secretary to the Government of India