[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

27th March, 2002

Notification No. 33/2002-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, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 16th February, 2002, has come to the conclusion that –

(a) Pentaerythritol, originating in, or exported from, Canada, Japan and Taiwan, have been exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury from exports of subject goods from Canada, Japan and Taiwan; and
(c) the injury has been caused cumulatively by the dumped imports from Canada, Japan and Taiwan;

AND WHEREAS, the designated authority has considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of Pentaerythritol originating in or exported from Canada, Japan and Taiwan;

NOW, THEREFORE, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 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 findings of the designated authority, hereby imposes on Pentaerythritol, falling under sub-heading 2905.42 of the First Schedule to the said Customs Tariff Act, originating in, or exported from countries mentioned in column (2) of the Table below, and exported by all exporters, and imported into India, an anti-dumping duty at the rate mentioned in the corresponding entry in column (3) of the said Table.

Table

Sr.No.

Name of the Country

Amount of duty (US $ per metric tonne)

(1)

(2)

(3)

1

Canada

113.5

2

Japan

174.7

3

Taiwan

248.6

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the day of 26 th September, 2002, and shall be payable in Indian currency.

Explanation. – For the purposes of this notification, “rate of exchange” applicable for the purposes of calculation of 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 under 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.

G.D.Lohani
Under Secretary to the Government of India

F.No.354/29/2002-TRU

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Category : Custom Duty (6610)
Type : Notifications (15213) Notifications/Circulars (30078)

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