To be published in Part-I Section I of the Gazette of India Extraordinary
Government of India
Department of Commerce
Ministry of Commerce & Industry
(Directorate General of Anti-Dumping & Allied Duties)
Udyog Bhawan, New Delhi
Dated the 26th Macrh,2010
Subject : Initiation of Sunset Review Investigation of Anti-dumping duty on import of Pentaerythritol originating in or exported from China PR and Sweden in India.
F.No. 15/3/2010-DGAD Having regard to the Customs Tariff Act, 1975 as amended in 1995 and the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Designated Authority (herein after referred to as Authority) recommended imposition of Anti Dumping Duty on imports of Pentaerythritol (hereinafter referred to as subject goods) originating in or exported from China PR and Sweden (hereinafter referred to as subject countries). The final findings notification of the Authority was published vide notification No. 14/16/2004-DGAD dated 02nd February, 2006 respectively. On the basis of the findings, definitive anti dumping duties on the subject goods imported from subject countries were imposed by the Department of Revenue vide notifications No. 37/2006 dated 20.04.2006.
2. Initiation of Sunset Review
WHEREAS in terms of Section 9A(5) the Customs Tariff (Amendment) Act 1995 the antidumping duty imposed shall unless revoked earlier, cease to have effect on expiry of five years from the date of such imposition and the Authority is required to review, whether the expiry of duty is likely to lead to continuation or recurrence of dumping and injury. In this regard, Hon’ble Delhi High Court in WP No 16893 of 2006 held that sunset review is mandatory, therefore, the Designated Authority hereby initiate sunset review in accordance with section 9A(5) of the Act read with Rule 23 of Antidumping Rules to examine whether cessation of the duty would lead to continuation or recurrence of dumping and injury.
3. Product under Consideration
Product under consideration is Pentaerythritol, an organic compound which finds application in manufacture of Alkyd Resin, Rosin Esters, Plasticizers, Printing Inks, Synthetic Rubber, Stabilizers for Plastics, Modified Drying Oikls, Detonators,
Explosives, Pharmaceuticals, Core Oils and Synthetic Lubricants. Pentaerythritol can be of technical grade or nitration grade and both grades are included within the scope of product under consideration and proposed investigation.
Pentaerythritol is classified under Chapter 29 of the Customs Tariff Act. Complete description of the product as per Customs Tariff Act is 29054210 (Di-Penteaerythritol).
I) The investigation will determine whether the expiry of the measure would be likely to lead to a continuation or recurrence of dumping and injury. The Authority will examine whether the continued imposition of the duties is necessary to offset dumping and whether the injury would be likely to continue or recur if the duty were removed or varied, or both:-
i. The review will cover all aspects of Notification 14/16/2004-DGAD dated 04.2.2005. The countries involved in this review investigation are China PR and Sweden.
ii The period of investigation for the purpose of the present review is from 1st January 09 to 31st December 2009. The injury investigation period will however cover the periods April’2006-March’07, April’2007–March’2008, April’2008-March’2009 and the POI.
iii. The provisions of Rules 6,7,8,9,10,11,16,17,18,19 and 20 of the Rule supra shall be mutatis mutandis applicable in this review.
II) Submission of Information:
The Domestic industry is required to submit information on prescribed pro forma (Application for Domestic industry) and information on likelihood of continuance or recurrence of dumping and injury or both substantiating the need for continuation of duty within forty days (40 days ) of issue of this notification.
The exporters in subject country, their government through their Embassy in India, the importers and users in India known to be concerned would be addressed separately to submit relevant information in the form and manner prescribed and to make their views known to the Authority in the following address:
Directorate General of Anti-Dumping and Allied Duties
Ministry of Commerce and Industry
Department of Commerce
Udyog Bhavan New Delhi-110011.
Any other interested party may also make its submissions relevant to the investigation in the prescribed form and manner within the time limit set out below. Any party making any confidential submission before the Authority is required to make a non-confidential version of the same available to the other parties.
III) Time Limit:
On receipt of information from domestic industry, all interested parties, whose addresses are available, would be advised through a letter to offer their comments in writing so as to reach the Authority at the address mentioned above not later than forty days (40 Days) from the date of issuance of such letter. Any other interested party, whose address is not available, may also submit comments/ information within 40 days from date application from Domestic industry. For this purpose non confidential version of the application would be placed in the public file. If no information is received within the prescribed time limit or the information received is incomplete, the Designated Authority may record its findings on the basis of the facts available on record in accordance with the Rules supra.
IV) Inspection of Public File:
In terms of Rule 6(7), any interested party may inspect the public file containing non-confidential version of the evidence submitted by other interested parties. In case where an interested party refuses access to, or otherwise does not provide necessary information within a reasonable period, or significantly impedes the investigation, the Authority may record its findings on the basis of the facts available to it and make such recommendations to the Central Government as deemed fit.
The Designated Authority