Another Five Years of
Anti-dumping Duty on Pentaerythritol from China
Sweden Excluded from Anti-dumping Net
[Ref: Department
of Revenue Notification 47-Customs dated 14 June 2011]
G.S.R.451
(E).- Whereas, the designated authority vide notification
No.15/3/2010-DGAD, dated the 26th March, 2010, published in Part I,
Section 1 of the Gazette of India, Extraordinary, dated the 26th
March, 2010, had initiated review in the matter of continuation of final
anti-dumping duty on Pentaerythritol (herein after referred to as the subject
goods), falling under Sub-heading 290542 of the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975), originating in, or exported from China PR and
Sweden, imposed vide notification of Government of India in the Ministry
of Finance (Department of Revenue), No. 37/2006–Customs, dated the 20th April,
2006, G.S.R. 235 (E), dated the 20th
April, 2006, and extended by notification No. 73/2010-Customs
dated 30th June, 2010,G.S.R. 569 (E), dated the 30th June, 2010;
And
whereas, the designated authority vide notification No. 15/3/2010-DGAD,
dated the 25th March, 2011,
published in Part I, Section 1 of the Gazette of India, Extraordinary, dated
the 25th March, 2011, after
conducting Sunset Review has come to the conclusion that-
(a) the
subject goods are entering the Indian market at dumped prices and dumping
margins of the subject goods imported from China PR are substantial and above
de-minimis;
(b) the
subject goods are likely to enter the Indian market at dumped prices and the
likely dumping margins in respect of imports from China PR is going to be
substantial and above de-minimis;
(c) the
subject goods are likely to enter Indian market at dumped prices, should the
present measures be withdrawn from China PR;
(d) the
situation of domestic industry continues to be fragile and dumped imports from
China PR continue to cause a substantial injury to the domestic industry.
Further, should the present anti dumping duties be revoked from China PR,
injury to the domestic industry is likely to continue and intensify;
(e) it is
noted that the margins of both dumping and injury are negative so far as
imports from Sweden are concerned, besides low volume of imports from Sweden,
considering total demand in Indian market;
(f) it can
therefore be concluded that in the event the duty is revoked, there is no
likelihood of continuation or recurrence of injury from Sweden,
and has recommended that
the quantum of anti dumping duty in force needs to be revised so far as China
PR is concerned and needs to be discontinued from Sweden.
Now, therefore, in exercise of the powers conferred
by sub-section (1), read with sub-section (5) of section 9A of the said Customs
Tariff Act, and 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, on the basis of
the aforesaid final findings of the designated authority, hereby imposes anti-
dumping duty at the rate of US $ 515 per MT on all imports of subject goods
originating in or exported from China PR and imported into India.
2. This
notification shall be effective for a period of five years from the date of
issue of notification, unless revoked, superseded or amended earlier and the
anti-dumping duty shall be paid in Indian currency.
Explanation.-
For the purpose 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, 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 (Pt-I)