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20
th
April, 2006
Notification No. 37/2006-Customs
Whereas, in the matter of import of Pentaerythritol (hereinafter referred to as the subject goods) falling under sub heading
No2905 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, People's Republic of China and Sweden,(hereinafter referred to as the subject
countries), the designated authority in its preliminary findings vide notification No.14/16/2004 -DGAD, dated the 5
th
August,
2005, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5
th
August, 2005 had come to the
conclusion that -
(i) The subject goods originating in or exported from the subject countries have been exported to India below its normal
value.
(ii) The domestic industry has suffered material injury.
(iii) The injury has been caused to the domestic industry by dumped imports of the subject goods originating in or
exported from the subject countries
And whereas on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-
dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 93/2005-
CUSTOMS, dated the 20
th
October, 2005, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary,
dated the 20
th
October, 2005, vide G.S.R. 642 (E), dated 20
th
October, 2005;
And whereas the designated authority, vide notification No. No.14/16/2004 -DGAD, dated the 2
nd
February, 2006, published
in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2
nd
February, 2006, has come to the conclusion that -
(a). Subject goods originating in or exported from the subject countries have been exported to India below its normal
value;
(b). The domestic Industry has suffered material injury;
(c). The injury has been caused to the domestic industry of the Subject goods originating in or exported from the from the
subject countries;
and has recommended imposition of anti-dumping duty on all imports of subject goods.
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with
sub-section (5) of the said section 9A 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 the subject goods, the description of which is
specified in column (3) of the Table below, falling under heading of the First Schedule to the said Customs Tariff Act as
specified in the corresponding entry in column (2), the specification of which is specified in column (4), originating in the
countries as specified in the corresponding entry in column (5), and produced by the producers as specified in the
corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by
the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate
which is 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
Sl.
No.
Heading
No.
DescriptionSpecification
Country
Of
origin
Country
Of export
Producer Exporter AmountUnitCurrency
(1)(2) (3) (4) (5)(6) (7) (8) (9)(10)(11)
1.2905PentaerythritolAny
China
PR
China PRM/s Shanxi, China PRM/s Shanxi, China PR387.87MTUS$
2.2905PentaerythritolAny
China
PR
China PRM/s Shanxi, China PR
Any exporter other
than M/s Hubei,China
PR
387.87MTUS$
3.2905PentaerythritolAny
China
PR
China PRM/s Hubei,China PRM/s Hubei,China PR324.38MTUS$
4.2905PentaerythritolAny
China
PR
China PRM/s Hubei,China PR
Any exporter other
than M/s Shanxi,
China PR
324.38MTUS$
5.2905PentaerythritolAny
China
PR
China PR
Any producer, other
than M/s Hubei,and
M/s Shanxi, China PR
Any exporter, other
than M/s Hubei,and
M/s Shanxi, China PR
554.95MTUS$

6.2905PentaerythritolAny
China
PR
Any,
Any producer, other
than M/s Hubei,and
M/s Shanxi, China PR
Any exporter, other
than M/s Hubei,and
M/s Shanxi, China PR
554.95MTUS$
7.2905PentaerythritolAny SwedenSwedenAny producer Any exporter 449.83MTUS$
8.2905PentaerythritolAny Sweden
Any (other
than
Sweden)
Any producer Any exporter 449.83MTUS$
2. The anti-dumping duty imposed under this notification shall be effective up to and inclusive of the 19
th
day of
October, 2010, 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 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.
F.No.354/151/2005-TRU
notifications no 37 2006 customs | iKargos