CUS NTF NO. 143/2003 DATE 01/10/2003
Anti-dumping duty on Acyclic alcohols (Oxo alcohols)WHEREAS in the matter of import of Acyclic alcohols (Oxo alcohols), falling under heading 2905 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 notification No.63/1/2001-DGAD, dated the 29th July, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29th July, 2002, had come to the conclusion that
(a) Acyclic alcohols (Oxo alcohols), namely Normal Butanol, 2-Ethyl Hexanol, Iso Butanol, Sabutol, Octanol and Iso Octanol had been exported to India from the subject countries below their normal value;
(b) the domestic industry had suffered material injury;
(c) the material injury had been caused cumulatively by the dumped imports from the subject countries;
(d) there was a threat of injury due to imminent imports of like article in large quantities;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on specified Acyclic alcohols vide notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue),
No. 90/2002 Customs, dated the 5th September, 2002, [G.S.R. 620 (E), dated the 5th September, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 5th September, 2002;
AND WHEREAS the designated authority, vide its final findings notification No.63/1/2001-DGAD, dated the 29th July, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29th July, 2003, has come to the conclusion that -
(a) Acyclic alcohols (Oxo alcohols), namely Normal Butanol, 2-Ethyl Hexanol, Iso Butanol, Sabutol and 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 had been caused cumulatively by the dumped imports from the subject countries;
and has recommended the imposition of definitive anti-dumping duty on all imports of the specified Acyclic alcohols, originating in, or exported from, the subject countries;
Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and rules 18 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 final 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 tariff item 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 the corresponding entry in column (4), 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 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.
TABLE| S. No. | Hea- ding | Descri- ption of goods | Specifi- cation | Coun- try of origin | Country of export | Prod- ucer | Expo- rter | Amo- unt | Unit
of mea- sure- ment | Curre- ncy |
|---|
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
|---|
| 1. | 2905 | Acyclic alcohol | Normal Butanol | Brazil | Any country other than Romania, Malaysia, South Africa and Singapore | M/S Ciquine | M/S Ciquine | 140.77 | Metric tonne | U S Dollar |
| 2. | 2905 | Acyclic alcohol | Iso Butanol | Brazil | Any country other than Romania, Malaysia, South Africa and Singapore | M/S Ciquine | M/S Ciquine | 130.25 | Metric tonne | U S Dollar |
| 3. | 2905 | Acyclic alcohol | 2-Ethyl Hexanol or Octanol | Brazil | Any country other than Romania, Malaysia, South Africa and Singapore | M/S Ciquine | M/S Ciquine | 110.72 | Metric tonne | U S Dollar |
| 4. | 2905 | Acyclic alcohol | Normal Butanol | Brazil | Any country other than Romania, Malaysia, South Africa and Singapore | Any producer other than M/S Ciquine | Any exporter other than M/S Ciquine | 178.59 | Metric tonne | U S Dollar |
| 5. | 2905 | Acyclic alcohol | Iso Butanol | Brazil | Any country other than Romania, Malaysia, South Africa and Singapore | Any producer other than M/S Ciquine | Any exporter other than M/S Ciquine | 130.25 | Metric tonne | U S Dollar |
| 6. | 2905 | Acyclic alcohol | 2-Ethyl Hexanol or Octanol | Brazil | Any country other than Romania, Malaysia, South Africa and Singapore | Any producer other than M/S Ciquine | Any exporter other than M/S Ciquine | 144.35 | Metric tonne | U S Dollar |
| 7. | 2905 | Acyclic alcohol | Normal Butanol | Any country | Brazil | Any producer other than M/S Ciquine | Any exporter other than M/S Ciquine | 178.59 | Metric tonne | U S Dollar |
| 8. | 2905 | Acyclic alcohol | Iso Butanol | Any country | Brazil | Any producer other than M/S Ciquine | Any exporter other than M/S Ciquine | 130.25 | Metric tonne | U S Dollar |
| 9. | 2905 | Acyclic alcohol | 2-Ethyl Hexanol or Octanol | Any country | Brazil | Any producer other than M/S Ciquine | Any exporter other than M/S Ciquine | 144.35 | Metric tonne | U S Dollar |
| 10. | 2905 | Acyclic alcohol | Normal Butanol, Iso Butanol, 2-Ethyl Hexanol or Octanol | Romania | Any country other than Brazil, Malaysia, South Africa and Singapore | M/S Oltchim, | M/S Oltchim, | 122.65 | Metric tonne | U S Dollar |
| 11. | 2905 | Acyclic alcohol | Normal Butanol, Iso Butanol, 2-Ethyl Hexanol or Octanol | Romania | Any country other than Brazil, Malaysia, South Africa and Singapore | Any producer other than M/S Oltchim | Any exporter other than M/S Oltchim | 203.65 | Metric tonne | U S Dollar |
| 12. | 2905 | Acyclic alcohol | Normal Butanol, Iso Butanol, 2-Ethyl Hexanol or Octanol | Any country | Romania | Any producer other than M/S Oltchim | Any exporter other than M/S Oltchim | 203.65 | Metric tonne | U S Dollar |
| 13. | 2905 | Acyclic alcohol | Iso Butanol, 2-Ethyl Hexanol or Octanol | Malaysia | Any country other than Brazil, Romania, South Africa and Singapore | M/S BASF Petronas Chemical | M/S BASF Petronas Chemical | 44.64 | Metric tonne | U S Dollar |
| 14. | 2905 | Acyclic alcohol | Iso Butanol, 2-Ethyl Hexanol or Octanol | Malaysia | Any country other than Brazil, Romania, South Africa and Singapore | Any producer other than M/S BASF Petronas Chemical | Any exporter other than M/S BASF Petronas Chemical | 48.12 | Metric tonne | U S Dollar |
| 15. | 2905 | Acyclic alcohol | Iso Butanol, 2-Ethyl Hexanol or Octanol | Any country | Malaysia | Any producer other than M/S BASF Petronas Chemical | Any exporter other than M/S BASF Petronas Chemical | 48.12 | Metric tonne | U S Dollar |
| 16. | 2905 | Acyclic alcohol | Iso Butanol, 2-Ethyl Hexanol or Octanol | South Africa | Any country other than Brazil, Romania, Malaysia and Singapore | Any producer | Any exporter | 260.52 | Metric tonne | U S Dollar |
| 17. | 2905 | Acyclic alcohol | Sabutol | South Africa | Any country other than Brazil, Romania, Malaysia and Singapore | M/S Sasol Solvents | M/S Sasol Solvents | 68.79 | Metric tonne | U S Dollar |
| 18. | 2905 | Acyclic alcohol | Sabutol | South Africa | Any country other than Brazil, Romania, Malaysia and Singapore | Any producer other than M/S Sasol Solvents | Any exporter other than M/S Sasol Solvents | 79.56 | Metric tonne | U S Dollar |
| 19. | 2905 | Acyclic alcohol | Iso Butanol, 2-Ethyl Hexanol or Octanol | Any country | South Africa | Any producer | Ant exporter | 260.52 | Metric tonne | U S Dollar |
| 20. | 2905 | Acyclic alcohol | Sabutol | Any country | South Africa | Any producer other than M/S Sasol Solvents | Any exporter other than M/S Sasol Solvents | 79.56 | Metric tonne | U S Dollar |
| 21. | 2905 | Acyclic alcohol | Normal Butanol | Singapore | Any country other than Brazil, Romania, Malaysia and South Africa | Any producer | Any exporter | 161.16 | Metric tonne | U S Dollar |
| 22. | 2905 | Acyclic alcohol | 2-Ethyl Hexanol or Octanol | Singapore | Any country other than Brazil, Romania, Malaysia and South Africa | Any producer | Any exporter | 210.98 | Metric tonne | U S Dollar |
| 23. | 2905 | Acyclic alcohol | Normal Butanol | Any country | Singapore | Any producer | Any exporter | 161.16 | Metric tonne | U S Dollar |
| 24. | 2905 | Acyclic alcohol | 2-Ethyl Hexanol or Octanol | Any country | Singapore | Any producer | Any exporter | 210.98 | Metric tonne | U S Dollar |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 5th September, 2002, and shall be paid 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, 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.
[F.No.354/145/2002-TRU](G. S. Karki)
Under Secretary to the Government of India
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