Oxo-alcohols – Final Findings
Ntfn 57 Whereas,
in the matter of import of
20.04.2004 Oxo-alcohols, falling under
heading
(DoR) 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Extraordinary, dated the 18th August, 2000, subsequently superseded by notification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 of measurement.
Table
|
SNo |
Heading |
Description of goods |
Specification |
Country of origin |
Country of Export |
Producer |
Exporter |
Amount |
Unit of Measure-ment |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1. |
2905 |
Acyclic Alcohol |
2EHANBAIBAIso-Octanol |
Saudi Arabia |
Any Country |
Any Producer |
Any Exporter |
756.82 |
Metric Tonne |
US Dollar |
|
2. |
2905 |
Acyclic Alcohol |
2EHANBAIBAIso-Octanol |
Any Country |
Saudi Arabia |
Any Producer |
Any Exporter |
756.82 |
Metric Tonne |
US Dollar |
|
3. |
2905 |
Acyclic Alcohol |
2EHAIBAIso-Octanol |
Iran |
Any Country |
Any Producer |
Any Exporter |
628.42 |
Metric Tonne |
US Dollar |
|
4. |
2905 |
Acyclic Alcohol |
2EHAIBAIso-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 |
2EHANBAIBAIso-Octanol |
Poland |
Any Country |
Any Producer |
Any Exporter |
727.35 |
Metric Tonne |
US Dollar |
|
8. |
2905 |
Acyclic Alcohol |
2EHANBAIBAIso-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 |
2EHAIBAIso-Octanol |
USA |
Any Country |
Any Producer |
Any Exporter |
713.38 |
Metric Tonne |
US Dollar |
|
12. |
2905 |
Acyclic Alcohol |
2EHAIBAIso-Octanol |
Any Country |
USA |
Any Producer |
Any Exporter |
713.38 |
Metric Tonne |
US Dollar |
|
13. |
2905 |
Acyclic Alcohol |
2EHANBAIso-Octanol |
EU |
Any Country |
Any Producer |
Any Exporter |
727.35 |
Metric Tonne |
US Dollar |
|
14. |
2905 |
Acyclic Alcohol |
2EHANBAIso-Octanol |
Any Country |
EU |
Any Producer |
Any Exporter |
727.35 |
Metric Tonne |
US Dollar |
|
15. |
2905 |
Acyclic Alcohol |
2EHAIBAIso-Octanol |
Russia |
Any Country |
Any Producer |
Any Exporter |
826.47 |
Metric Tonne |
US Dollar |
|
16. |
2905 |
Acyclic Alcohol |
2EHAIBAIso-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 with effect
from the date of imposition of provisional anti-dumping duty, i.e. the 27th day of January, 2000, and shall be
effective upto and inclusive of 26th day of January, 2006, and shall be paid in
Indian currency. [Amended by 84/16.09.2005]
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.