TO
BE PUBLISHED IN PART II, SECTION 3, SUB-SECTION (i) OF THE GAZETTE OF INDIA,
EXTRAORDINARY]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification
No. 49/2014-Customs (ADD)
New Delhi, the 31st
December, 2014
G.S.R. (E). – Whereas, the designated
authority, vide notification No.
15/19/2012-
DGAD
dated 25th April, 2013 published in the Gazette of India, Extraordinary, Part
I, Section 1, had initiated a review in the matter of continuation of
anti-dumping duty on imports of 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) (hereinafter referred to as the Customs
Tariff Act), originating in or exported from Chinese Taipei (hereinafter
referred to as the subject country), imposed vide notification of the
Government of India, in the Ministry of Finance (Department of Revenue) No.
55/2008-Customs dated 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, the notification No. 55/2008-Customs
dated 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 was amended to omit entries at S. No. 1, 2 and 3 in the Table of
the said notification, relating to the imports of the subject goods,
originating in, or exported from, Chinese Taipei by notification No.
75/2011-Customs dated 12th
August, 2011, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R. 624(E), dated the 12th
August, 2011;
And whereas, by notification No. 74/2011-Customs
dated 12th August, 2011, published
in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide
number G.S.R. 623(E), dated the 12th
August, 2011, modified anti-dumping duty was imposed on the subject goods
originating in or exported from Chinese Taipei which was valid upto the 27th
April, 2013;
And whereas, the Central Government had extended the
anti-dumping duty on the subject goods, originating in or exported from the
subject country upto and inclusive of the 27th April, 2014 vide
notification of the Government of India, in the Ministry of Finance (Department
of Revenue) No. 13/2013-Customs dated (ADD) dated 25th June, 2013, published in
Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide
number G.S.R 407(E), dated the 25th June, 2013;
And
whereas, in the matter of review of anti-dumping duty on import of the subject
goods, originating in or exported from the subject country, the designated
authority in its final findings, published vide notification No.
15/19/2012-DGAD dated 16th October, 2014, in Gazette of India, Extraordinary,
Part I, Section 1, has come to the conclusion that-
(i)
there
is continued dumping of the subject goods from the subject country;
(ii)
the
dumping and injury is likely to continue
and further intensify if the anti
dumping duty is revoked,
and
has recommended imposition of the anti-dumping duty on the subject goods,
originating in or exported from the subject countries.
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 mentioned
in column (4), falling under sub-heading of the First Schedule to the Customs
Tariff Act as specified in the corresponding entry in column (2), originating
in the countries as specified in the corresponding entry in column (5),
exported from the countries as specified in the corresponding entry in column
(6), produced by the producers as specified in the corresponding entry in
column (7), exported by the exporters as specified in the corresponding entry
in column (8), and imported into India, an anti-dumping duty at the rate equal
to the amount as specified 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, namely:-
Table
Sl.No. |
Sub-heading |
Description ofgoods |
Specifications |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
|
|
|
|
|
|
|
|
|
|
1 |
2905 42 |
Pentaerythritol |
Any grade |
Chinese Taipei |
Chinese Taipei |
Any |
Any |
664 |
MT |
US Dollar |
2 |
2905 42 |
Pentaerythritol |
Any grade |
Chinese Taipei |
Any |
Any |
Any |
664 |
MT |
US Dollar |
3 |
2905 42 |
Pentaerythritol |
Any grade |
Any |
Chinese Taipei |
Any |
Any |
664 |
MT |
US Dollar |
2. The anti-dumping
duty imposed under this notification shall be effective for a period of five
years (unless revoked, superseded or amended earlier) from the date of
publication of this notification in the Official Gazette 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 (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. 354/29/2002-TRU
(Pt.-II)]
(Akshay Joshi) Under Secretary to the Government of
India