Seeks to impose ADD on the imports of Pentaerythritol originating in or exported from China PR for a period of five years.

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 7th June, 2016 published in the Gazette of India, Extraordinary, Part I Section 1, dated the 7th 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 anti-dumping 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

Sr. 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.354/1 51/2005 –TRU (Part-II)]

(Mohit Tewari)
Under Secretary to the Government of India

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