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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

20th April, 2004

Notification No. 57/2004-Customs

      Whereas, in the matter of import of Oxo-alcohols, falling under heading No.2905 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Poland, South Korea, Indonesia, Saudi Arabia, Russia, Iran, United States of America and the European Union , the designated authority, vide its final findings notification No. 15/1/99-DGAD, dated the 17th July, 2000, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 17th July, 2000, had come to the conclusion that-

(a)

Oxo-alcohols (Normal Butanol, Iso Butanol, Iso Decanol, Iso Octanol, 2-Ethyl Hexanol and Normal Hexanol only), originating in, or exported from, Poland, South Korea, Indonesia, Saudi Arabia, Russia, Iran, United States of America and the European Union, have been exported to India below normal value, resulting in dumping;

(b)

the Indian industry has suffered material injury;

(c)

the injury has been caused cumulatively by the dumped imports 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 on Oxo-alcohols vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 109/2000-Customs, dated the 18th August, 2000, [G.S.R. 667(E), dated the 18th August, 2000], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 18th August, 2000, subsequently superseded by notification No. 98/2001-Customs, dated the 26th September, 2001, [G.S.R. 697(E), dated the 26th September, 2001], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 26th September, 2001;

 And whereas, the designated authority, vide its final findings in mid-term review notification No.40/1/2001-DGAD, dated the 26th February, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 26th February, 2004, has come to the conclusion that –

(a)

Oxo-alcohols have been exported below their normal value from Poland, Saudi Arabia, Russia, Iran, United States of America and the European Union and there is no evidence of dumping from the Republic of Korea and Indonesia during the period of investigation of the review;

(b)

the domestic industry continues to suffer material injury on account of dumped imports from Poland, Saudi Arabia, Russia, Iran, United States of America and the European Union;

(c)

the injury has been caused to the domestic industry by the dumped imports from Poland,Saudi Arabia, Russia, Iran, United States of America and the European Union;

and has considered it necessary to recommend the continued imposition of anti-dumping duty on import of such Oxo-alcohols, originating in or exported from, Poland, Saudi Arabia, Russia, Iran, United States of America and the European Union;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-sections (5) and (6) of the said section 9A and rule 23 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, 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) of the said Table,  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 equivalent to the difference between, 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, and the landed value of such imported goods in like currency per like unit ofmeasurement.

  Table

Sr. No
Heading
Description of goods
Specifica
tion
Country of origin
Country of Export
Producer
Exporter
Amt
Unit of Measure
ment
Curr
ency
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
1.
2905
Acyclic Alcohol
2EHA  NBA IBA Iso-Octanol
Saudi Arabia
Any Country
Any Producer
Any Exporter
756.82
Metric Tonne
US Dollar
2.
2905
Acyclic Alcohol
2EHA NBA IBA Iso-Octanol
Any Country
Saudi Arabia
Any Producer
Any Exporter
756.82
Metric Tonne
US Dollar
3.
2905
Acyclic Alcohol
2EHA IBA Iso-Octanol
Iran
Any Country
Any Producer
Any Exporter
628.42
Metric Tonne
US Dollar
4.
2905
Acyclic Alcohol
2EHA IBA Iso-Octanol
Any Country
Iran
Any Producer
Any Exporter
628.42
Metric Tonne
US Dollar
5.
2905
Acyclic Alcohol
NBA
Iran
Any Country
Any Producer
Any Exporter
622.04
Metric Tonne
US Dollar
6.
2905
Acyclic Alcohol
NBA
Any Country
Iran
Any Producer
Any Exporter
622.04
Metric Tonne
US Dollar
7.
2905
Acyclic Alcohol
2EHA NBA IBA Iso-Octanol
Poland
Any Country
Any Producer
Any Exporter
727.35
Metric Tonne
US Dollar
8.
2905
Acyclic Alcohol
2EHA NBA IBA Iso-Octanol
Any Country
Poland
Any Producer
Any Exporter
727.35
Metric Tonne
US Dollar
9.
2905
Acyclic Alcohol
NBA
USA
Any Country
Any Producer
Any Exporter
727.35
Metric Tonne
US Dollar
10.
2905
Acyclic Alcohol
NBA
Any Country
USA
Any Producer
Any Exporter
727.35
Metric Tonne
US Dollar
11.
2905
Acyclic Alcohol
2EHA IBA Iso-Octanol
USA
Any Country
Any Producer
Any Exporter
713.38
Metric Tonne
US Dollar
12.
2905
Acyclic Alcohol
2EHA IBA Iso-Octanol
Any Country
USA
Any Producer
Any Exporter
713.38
Metric Tonne
US Dollar
13.
2905
Acyclic Alcohol
2EHA NBA Iso-Octanol
EU
Any Country
Any Producer
Any Exporter
727.35
Metric Tonne
US Dollar
14.
2905
Acyclic Alcohol
2EHA NBA Iso-Octanol
Any Country
EU
Any Producer
Any Exporter
727.35
Metric Tonne
US Dollar
15.
2905
Acyclic Alcohol
2EHA
 IBA Iso-Octanol
Russia
Any Country
Any Producer
Any Exporter
826.47
Metric Tonne
US Dollar
16.
2905
Acyclic Alcohol
2EHA IBA Iso-Octanol
Any Country
Russia
Any Producer
Any Exporter
826.47
Metric Tonne
US Dollar
17.
2905
Acyclic Alcohol
NBA
Russia
Any Country
Any Producer
Any Exporter
727.35
Metric Tonne
US Dollar
18.
2905
Acyclic Alcohol
NBA
Any Country
Russia
Any Producer
Any Exporter
727.35
Metric Tonne
US Dollar

2.   The anti-dumping duty imposed under this notification shall be levied for a period of five years with effect from the date of imposition of provisional anti-dumping duty, i.e. the 27th  day of  January, 2000, and shall be paid in Indian currency.

Explanation . – For the purposes of this notification, –

(a)

“landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;

(b)

 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 said 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.S.Karki
Under Secretary to the Government of India
F.No.354/97/2003-TRU

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