33/2012 – Customs (ADD), dated 20-06-2012

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

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 33 /2012-Customs (ADD)

New Delhi, dated the 20^th June, 2012

Seeks to levy definitive anti-dumping duty on Pentaerythritol originating in or exported from European Union ( excluding Sweden) for a period of five years 

            G.S.R.    (E). – Whereas, in the matter of import 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 said customs Tariff Act), originating in, or exported from European Union (excluding Sweden)(hereinafter referred to as the subject countries) and imported into India, the designated authority vide its final findings No. 14/43/2010-DGAD dated the 10^thApril, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 10^th April, 2012,  had come to the conclusion that-

(a)    The subject goods have entered the Indian market from the subject countries below associated normal values, thus resulting in dumping of the subject goods;

(b)    The domestic industry has suffered material injury in respect of the subject goods; and

(c)   The material Injury to the domestic industry has been caused due to dumped imports of the subject goods from the subject countries,

        and had  recommended imposition of definitive anti-dumping duty on the imports of subject goods, originating in or exported from the subject countries;

            Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with 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 findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, the specification of which is specified in the corresponding entry in column (4), falling under sub-heading of the First Schedule to the said 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), and exported from the countries as specified in the corresponding entry in column (6), and produced by the producers as specified in the corresponding entry in column (7), and 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 per unit of measurement as specified in the corresponding entry in column (10) of the said Table:-

Table

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.354/7/2012 –TRU]

(Raj Kumar Digvijay)

Under Secretary to the Government of India.