CBIC Amends ADD Notification to Update Producer Name to ‘Shell Singapore Pte. Ltd

CBIC amends notification No. 14/2020-Customs (ADD) dated 9th June, 2020 in order to change the name of the producer viz. ‘Shell Eastern Petroleum (Pte) Ltd ‘ to ‘Shell Singapore Pte. Ltd.’, in pursuance of DGTR recommendation vide Notification No. 14/2024-Customs (ADD) | Dated: 12th July, 2024.

The Central Board of Indirect Taxes and Customs (CBIC) has issued Notification No. 14/2024-Customs (ADD) dated 12th July, 2024, amending its earlier Notification No. 14/2020-Customs (ADD) dated 9th June, 2020. This amendment follows the recommendation from the Directorate General of Trade Remedies (DGTR) to change the producer’s name from ‘Shell Eastern Petroleum (Pte) Ltd.’ to ‘Shell Singapore Pte. Ltd.’ The notification aims to maintain the imposition of anti-dumping duty on imports of ‘Flexible Slabstock Polyol of molecular weight 3000-4000’ from Singapore to protect the domestic industry from continued injury due to dumping.

Anti-dumping duties are imposed to protect domestic industries from foreign companies selling goods at a price lower than their normal value, causing injury to the domestic market. In this case, the subject goods, ‘Flexible Slabstock Polyol of molecular weight 3000-4000’, originating from Singapore, were found to be dumped in the Indian market, causing harm to the domestic industry.

The DGTR, in its final findings published on 17th March, 2020, concluded that there was continued dumping of the subject goods from Singapore. It was found that the domestic industry was suffering from continued injury due to these dumped imports. The DGTR recommended the imposition of definitive anti-dumping duties to prevent further injury and to safeguard the interests of the domestic industry.

Based on these recommendations, the CBIC imposed anti-dumping duties on these imports through Notification No. 14/2020-Customs (ADD) dated 9th June, 2020.

‘Shell Eastern Petroleum (Pte) Ltd.’ requested the DGTR to change its name to ‘Shell Singapore Pte. Ltd.’ This request was made to align the records without altering the ownership or business nature of the company. The DGTR examined the request and concluded that it fell within the category of a name change only, without any changes in the ownership that would affect the business’s basic nature.

Following the DGTR’s amendment notification No. 7/24/2023-DGTR dated 14th February, 2024, the recommendation to update the producer’s name was accepted. The DGTR recommended that the name change be reflected in the final findings notification.

Subsequently, CBIC, exercising its powers under the Customs Tariff Act and relevant rules, amended the original notification No. 14/2020-Customs (ADD). The amendment officially changed the producer’s name from ‘Shell Eastern Petroleum (Pte) Ltd.’ to ‘Shell Singapore Pte. Ltd.’ in the records concerning anti-dumping duties on the specified goods from Singapore.

The amendment to Notification No. 14/2020-Customs (ADD) by CBIC, changing the producer’s name to ‘Shell Singapore Pte. Ltd.’, is a procedural update ensuring alignment with the company’s current identity. This update follows a thorough examination by the DGTR, confirming no change in ownership or the business’s fundamental nature. The continued imposition of anti-dumping duties is crucial in protecting the domestic industry from potential harm caused by dumped imports of Flexible Slabstock Polyol from Singapore. This step reaffirms the government’s commitment to maintaining fair trade practices and supporting the domestic market against unfair foreign competition.

MINISTRY OF FINANCE
(Department of Revenue)

Notification No. 14/2024-Customs (ADD) | Dated: 12th July, 2024

G.S.R 387(E).— Whereas, in the matter of ‘Flexible Slabstock Polyol of molecular weight 3000-4000’ (hereinafter referred to as the subject goods), originating in, or exported from Singapore (hereinafter referred to as the subject country) falling under sub-heading 3907 20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), and imported into India, the Designated Authority in its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification No.7/12/2019-DGTR, dated the 17^th March, 2020 had come to the conclusion that –

(i) there is continued dumping of the subject goods from subject country and the imports are likely to enter the Indian market at dumped prices in the event of expiry of duty;

(ii) the domestic industry has suffered continued injury on account of dumped imports from the subject country;

(iii) the information on record shows likelihood of continuation of dumping and injury in case the antidumping duty in force is allowed to cease at this stage;

(iv) there is sufficient evidence to indicate that the revocation of the anti-dumping duty at this stage will lead to continuation of dumping and injury to the Domestic Industry,

and had recommended continued imposition of definitive anti-dumping duty imports the subject goods, originating in, or exported from the subject country and imported into India, in order to remove injury to the domestic industry;

And whereas, on the basis of the aforesaid findings of the Designated Authority, the Central Government had imposed the anti-dumping duty on the subject goods, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 14/2020-Customs (ADD), dated the 9^th June, 2020, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 364(E), dated the 9^th June, 2020;

And whereas, Shell Singapore Pte. Ltd. requested the Designated Authority for changing the name of producer from “Shell Eastern Petroleum (Pte) Ltd” to “Shell Singapore Pte. Ltd.” in its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification No. 7/12/2019-DGTR, dated the 17^th March, 2020;

And whereas, the Designated Authority, vide amendment notification No. 7/24/2023-DGTR, dated the 14^th February, 2024 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14^th February, 2024, has come to the conclusion that the request falls within the category of name change only and there is no change in the ownership in a manner that alters the basic nature of the business and recommended that the name of the producer, namely “Shell Eastern Petroleum (Pte) Ltd”, be amended to “Shell Singapore Pte. Ltd.” in its final findings notification No. 7/12/2019-DGTR, dated the 17^th March, 2020.

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, read with rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti­dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, after considering the aforesaid amendments to final findings of the Designated Authority, hereby makes the following amendments in the notification of the Government of India, Ministry of Finance (Department of Revenue) No. 14/2020-Customs (ADD), dated the 9th June, 2020, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 364(E), dated the 9^th June, 2020, namely:-

In the said notification, in the Table, against serial number 1, for the entry in column 6, the entry “Shell Singapore Pte. Ltd.” shall be substituted.

[F. No. CBIC-190354/52/2024-TRU Section-CBEC]
NITISH KARNATAK, Under Secy.

Note: The principal notification No. 14/2020-Customs (ADD), dated the 9^th June, 2020, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 364(E), dated the 9^th June, 2020 and last amended, vide notification No. 78/2021-Customs (ADD), dated the 29^th December, 2021, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 909(E), dated the 29^th December, 2021.