[TO
BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3,
SUB-SECTION (i)]
GOVERNMENT
OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
NOTIFICATION
No.32 /2017-Customs (ADD)
New Delhi, dated
the 29th June, 2017
G.S.R. (E). -Whereas, the Designated Authority, vide
notification No. 15/01/2016-DGAD, dated the 7 th June, 2016 published in the
Gazette of India, Extraordinary, Part I Section 1, dated the 7 th June, 2016,
had initiated a sunset review in the matter of continuation of anti-dumping
duty on imports of ‘Pentaerythritol’ (hereinafter referred to as subject
goods), falling under heading 2905 of Chapter 29 of the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from China
PR (hereinafter referred to as the subject country), imposed vide notification
of the Government of India, in the Ministry of Finance (Department of Revenue),
No. 47/2011-Customs (ADD), dated the 14th June, 2011, published in the Gazette
of India, Extraordinary, Part II-Section 3(i), vide number G.S.R.451 (E), dated
the 14th June, 2011.
And
whereas, the Central Government had extended the period of imposition of antidumping
duty on the subject goods, originating in or exported from the subject country
up to and inclusive of the 13th June, 2017 vide notification of the Government
of India, in the Ministry of Finance (Department of Revenue) No.
26/2016-Customs (ADD), dated the 13th June 2016, published in the Gazette of
India, Extraordinary, Part II-Section 3 (i), vide number G.S.R.596 (E), dated
the 13th June, 2016;
And
whereas, in the matter of review of anti-dumping duty on imports of the subject
goods, originating in or exported from the subject country, the Designated
Authority in its final findings, published vide notification No. F.
No.15/01/2016-DGAD, dated the 12th May, 2017 in the Gazette of India,
Extraordinary, Part I, Section 1, has come to the conclusion that-
(i)
there is continued dumping of the
product concerned from China PR, causing injury to the domestic industry;
(ii)
imports are significantly undercutting
and underselling the prices of the domestic industry; and
(iii)
cessation of anti-dumping duty is likely
to lead to continuation and recurrence of dumping and injury to the domestic
industry,
and
has recommended imposition of definitive anti-dumping duty on imports of the
subject goods, originating in, or exported from subject country and imported
into India, 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, read with rules 18 and 23 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, after considering the aforesaid final findings of the Designated
Authority, hereby imposes on the subject goods, the description of which is
specified in column (3) of the Table below, specification of which is specified
in column (4), falling under heading of the First Schedule to the Customs
Tariff Act, as specified in the corresponding entry in column (2), originating
in the countries specified in the corresponding entry in column (5), exported
from the countries specified in the corresponding entry in column (6), produced
by the producers specified in the corresponding entry in column (7), exported
by the exporters specified in the corresponding entry in column (8) and
imported into India, an anti-dumping duty at the rate equal to the amount
specified in the corresponding entry in column (9), in the currency specified
in the corresponding entry in column (11) and as per unit of measurement
specified in the corresponding entry in column (10) of the said Table, namely:-
Table
Sl. No. |
Heading |
Description of goods |
Specifi cation |
Country of Origin |
Country of Export |
Producer |
Exporter |
Amount |
Unit of Measurement |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
1. |
2905 |
Pentaerythritol |
Any |
China |
China |
Any |
Any |
185.15 |
Metric Ton |
US Dollar |
2. |
2905 |
Pentaerythritol |
Any |
China |
Any |
Any |
Any |
185.15 |
Metric Ton |
US Dollar |
3. |
2905 |
Pentaerythritol |
Any |
Any |
China |
Any |
Any |
185.15 |
Metric Ton |
US Dollar |
2.
The anti-dumping duty imposed under this notification shall be effective for a
period of five years (unless revoked, amended and superseded earlier) from the
date of publication of this notification in the official Gazette and shall be
payable 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 (Department of Revenue), issued from time to time, in exercise of the
powers conferred by 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.354/151/2005
–TRU (Part-II)]
(Mohit
Tewari)
Under Secretary to the Government of India
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