[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
31st October, 2002
Notification No. 119/2002-Customs
WHEREAS in the matter of import of Pentaerythritol, falling under sub-heading 2905.42 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Canada, Japan and Taiwan, the designated authority vide its preliminary findings notification No. 47/1/2001-DGAD dated the 15th February, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 16th February, 2002, had come to the conclusion that –
|
(a) |
Pentaerythritol, originating in, or exported from, Canada, Japan and Taiwan, had been exported to India below normal value, resulting in dumping; |
|
(b) |
the Indian industry had suffered material injury from exports of Pentaerythritol from Canada, Japan and Taiwan; and |
|
(c) |
the injury had been caused cumulatively by the dumped imports from Canada, Japan and Taiwan; |
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Pentaerythritol vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 33/2002-Customs, dated the 27th March, 2002, [G.S.R. 230 (E), dated the 27th March, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27th March, 2002;
AND WHEREAS the designated authority, vide its final findings notification No. 48/1/2001-DGAD, dated the 8th October, 2002 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8th October, 2002 has come to the conclusion that –
|
(a) |
Pentaerythritol, originating in, or exported from, Canada, Japan and Taiwan, has been exported to India below normal value, resulting in dumping; |
|
(b) |
the Indian industry has suffered material injury from exports of Pentaerythritol from Canada, Japan and Taiwan; |
|
(c) |
the injury has been caused cumulatively by the dumped imports from Canada, Japan and Taiwan; |
and has recommended the imposition of definitive anti-dumping duty on all imports of the said Pentaerythritol, originating in, or exported from, Canada, Japan and Taiwan;
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 20 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 on all imports of Pentaerythritol, falling under sub-heading 2905.42 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the countries specified in column (2) of the Table below and imported into India, an anti-dumping duty at a rate which is specified in the corresponding entry in column(3) of the said Table.
TABLE
| Sr.No. | Name of the Country | Rate of anti-dumping duty (US $ per metric tonne) |
| (1) | (2) | (3) |
| 1. | Canada | 122.40 |
| 2. | Japan | 183.60 |
| 3. | Taiwan | 257.60 |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 27th March, 2002, 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 and Company Affairs (Department of Revenue), 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 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.
Aman Kumar Singh
Under Secretary to the Government of India
F.No.354/29/2002-TRU
