[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
5th September, 2002
Notification No. 90/2002-Customs
WHEREAS in the matter of import of Acyclic alcohols (Oxo alcohols), falling under heading 29.05 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Brazil, Malaysia, Romania, Singapore and South Africa (hereinafter referred to as the subject countries), the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29th July, 2002, has come to the conclusion that-
| (a) | Acyclic alcohols (Oxo alcohols), namely Normal Butanol, 2-Ethyl Hexanol, Iso Butanol, Sabutol, Octanol and Iso Octanol have been exported to India from the subject countries below their normal value; |
| (b) | the domestic industry has suffered material injury; |
| (c) | the material injury has been caused cumulatively be the dumped imports from the subject countries; |
| (d) | there is a threat of injury due to imminent imports of like article in large quantities; |
and has considered it necessary to impose anti-dumping duty , provisionally, pending final determination, on all imports of Acyclic alcohols (Oxo alcohols), namely-
| (i) | Normal Butanol, 2-Ethyl Hexanol, Iso Butanol, Sabutol, Octanol, Iso Octanol ; |
| (ii) | Nonanol and Iso Nonanol, being like article to the domestically produced Oxo Alcohols; |
originating in, or exported from, the subject countries.
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 the Acyclic alcohols, of the type specified in column (3) of the Table annexed hereto, falling under heading 29.05 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country specified in the corresponding entry in column (2) of the said Table, and imported into India, an anti-dumping duty at the rate specified in the corresponding entry in column (4) of the said Table.
Table
|
Sr.No. |
Name of the country |
Type of Acyclic alcohol |
Rate of anti-dumping duty |
|
(1) |
(2) |
(3) |
(4) |
|
1. |
Brazil |
Normal Butanol |
307.34 |
|
2. |
Brazil |
Iso Butanol |
139.82 |
|
3. |
Brazil |
2-Ethyl Hexanol |
164.16 |
|
4. |
Brazil |
Octanol |
164.16 |
|
5. |
Brazil |
Iso Octanol |
164.16 |
|
6. |
Brazil |
Nonanol |
164.16 |
|
7. |
Brazil |
Iso Nonanol |
164.16 |
|
8. |
Malaysia |
Normal Butanol |
194.15 |
|
9. |
Malaysia |
Iso Butanol |
191.55 |
|
10. |
Malaysia |
2-Ethyl Hexanol |
193.88 |
|
11. |
Malaysia |
Octanol |
193.88 |
|
12. |
Malaysia |
Iso Octanol |
193.88 |
|
13. |
Malaysia |
Nonanol |
193.88 |
|
14. |
Malaysia |
Iso Nonanol |
193.88 |
|
15. |
Romania |
Normal Butanol |
218.41 |
|
16. |
Romania |
Iso Butanol |
218.41 |
|
17. |
Romania |
2-Ethyl Hexanol |
218.41 |
|
18. |
Romania |
Octanol |
218.41 |
|
19. |
Romania |
Iso Octanol |
218.41 |
|
20. |
Romania |
Nonanol |
218.41 |
|
21. |
Romania |
Iso Nonanol |
218.41 |
|
22. |
Singapore |
Normal Butanol |
217.44 |
|
23. |
Singapore |
2-Ethyl Hexanol |
237.02 |
|
24. |
Singapore |
Octanol |
237.02 |
|
25. |
Singapore |
Iso Octanol |
237.02 |
|
26. |
Singapore |
Nonanol |
237.02 |
|
27. |
Singapore |
Iso Nonanol |
237.02 |
|
28. |
South Africa |
Iso Butanol |
260.52 |
|
29. |
South Africa |
2-Ethyl Hexanol |
260.52 |
|
30. |
South Africa |
Sabutol |
68.79 |
|
31. |
South Africa |
Octanol |
260.52 |
|
32. |
South Africa |
Iso Octanol |
260.52 |
|
33. |
South Africa |
Nonanol |
260.52 |
|
34. |
South Africa |
Iso Nonanol |
260.52 |
2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 4th day of March, 2003, 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 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 said Customs Act, 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.354/145/2002-TRU
