Anti-dumping duty on Oxo-alcohols

TG Team 20 Apr 2004 865 Views 0 comment Print Custom Duty | Notifications, Notifications/Circulars

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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

20^th 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 17^thJuly, 2000, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 17^thJuly, 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 18^th August, 2000, [G.S.R. 667(E), dated the 18^th August, 2000], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 18^th August, 2000, subsequently superseded by notification No. 98/2001-Customs, dated the 26^thSeptember, 2001, [G.S.R. 697(E), dated the 26^th September, 2001], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 26^th September, 2001;

And whereas, the designated authority, vide its final findings in mid-term review notification No.40/1/2001-DGAD, dated the 26^th February, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 26^th 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 27^thday 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