THE CUSTOMS TARIFF ACT 1975 (Notification)
2014

Notification No. 49/2014-Customs (ADD), F.No. 354/29/2002-TRU (Pt.-II), Dated, 31st December, 2014

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 subheading 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 of goods	Specificati ons	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.

(Akshay Joshi)

Under Secretary to the Government of India