NOTIFICATION NO. 40/1/2001-DGAD DATE 27/08/2002
Initiation of review regarding anti-dumping duty imposed on Oxo Alcohols imports from Poland, South Korea, Indonesia, Saudi Arabia, Russia, Iran, USA and European UnionThe Designated Authority having regard to the Customs Tariff Act, 1975 as amended in 1995 and the Customs Tariff (Identification, Assessment and Collection of Duty on Dumped Articles and for Determination of Injury) Rules, 1995 thereof recommended imposition of definitive Anti Dumping duty on imports of various forms of Oxo Alcohols classified under Customs Code 2905 of Schedule I of the Customs Tariff Act 1975, originating in or exported from Poland, South Korea, Indonesia, Saudi Arabia, Russia, Iran, USA and European Union vide Gazette Notification No. 15/1/99-DGAD dated 17th July, 2000. The Government of India imposed provisional Anti Dumping Duty vide Notification No.6/2000-Customs dated 27.1,2000. This was confirmed by Notification No, 109/2000-CUSTOMS dated 18th August, 2000, which has been partially modified by the orders dated 11.4,2001 of Hon'ble Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT).
Product Under Consideration
2. Product under consideration is following acyclic Alcohols and their halogenated, sulphonated, nitrated or nitrosated derivatives, known as Oxo Alcohols in the commercial and technical parlance and defined under customs sub-heading No, 2905 of Schedule I of the Customs Tariff Act, 1975.
(i) 2-Ethyl Hexanol (also known as 2-EHA)
(ii) Normal Butanol (as known as NBA)
(iii) Iso Butanol (also known as IBA)
(iv) Iso Octanol
(v) Iso Decanol
(vi) Normal Hexanol
(vii) Heptanol (Iso Heptanol and Normal Heptanol)
(viii) Nonanol (Iso Nonanol and Normal Nonanol)
(ix) Tri Decanol
(x) 2 Propyl Heptanol
The above Customs classification is, however, indicative only and is in no way binding on the scope of the present investigations.
Initiation
3. The Customs Tariff (Amendment) Act 1995 and the Rules made there under require the Authority to review, from time to time, the need for continuance of Anti Dumping Duty. The Authority issued public notice vide Notification dated 29th July, 1999 for initiation of investigations into dumping of Oxo Alcohols originating in or exported from Poland, South Korea, Indonesia, Saudi Arabia, Russia, Iran, USA and European Union. The Designated Authority notified the final findings vide Notification 15/1/99-DGAD dated 17th July, 2000. In view of the changed circumstances, the Designated Authority now considers that a review of the Anti Dumping Duty recommended would be appropriate at this stage under the provision of Section 9A (5) of Customs Tariff Amendment Act 1995.
Procedure
4. Having decided to review the final findings notified vide No. 15/ 1/99-DGAD, dated 17th July, 2000, the Authority hereby initiates investigations to review the need for continued imposition of Anti Dumping Duty on imports of various forms of Oxo Alcohols originating in or exported from Poland, South Korea, Indonesia, Saudi Arabia, Russia, Iran USA and European Union in accordance with the Customs Tariff (Amendment) Act, 1995 and the Customs Tariff (Identification, Assessment & Collection of Anti Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995.
5. The review covers all aspects of Notification No. 15/ 1/99-DGAD, dated 17th July, 2000.
6. The period of investigation for the purpose of the present review is 1st April 2001 to 31st March 2002.
7. Oxo Alcohols Industries Association represented the domestic producers, viz., Messrs. Indu Nissan Oxo Chemical Industries Limited, Mumbai; National Organic Chemical Industries Ltd., Mumbai and Andhra Petrochemicals Ltd., Hyderabad in the previous investigations It has been reported that M/s. Indu Nissan Oxo Chemical Industries Ltd., Mumbai and M/s. NOCIL, Mumbai have suspended production of the subject goods, However, M/s. Andhra Petrochemicals Ltd., Hyderabad continues to produce the subject goods and represent the domestic industry.
8. Submission of Information: The exporters in subject countries, the importers and users in India known to be concerned and the domestic industry are being addressed separately to submit relevant information in the form and manner prescribed and to make their views known to the-
The Designated Authority
Directorate General of Anti-Dumping and Allied Duties
Department of Commerce
Udyog Bhavan, New Delhi - 110011.
9. Any other interested party may also make its submissions relevant to the investigation in the prescribed form and manner within the time limit set out below.
Time Limit
10. Any information relating to the present review and any request for hearing should be sent in writing so as to reach the Authority at the address mentioned above not later than forty days from the date of publication of this review notification. If no information is received within the prescribed time limit or the information, received is incomplete, the Designated Authority may record its findings on the basis of the facts available on record in accordance with the Rules supra.
Inspection of Public File:
11. In terms of Rules 6(7), any interested party may inspect the public file containing non-confidential version of the evidence submitted by other interested parties.
12. In case where an interested party refuses access to, or otherwise does not provide necessary information within a reasonable: period, or significantly impedes the investigation, the Authority may record its findings on the basis of the facts available to it and make such recommendations to the Central Government as deemed fit.
Sd/-
(V. Saptharishi)
Designated Authority
Issued by: Ministry of Commerce and Industry
Department of Commerce
(Directorate General of Anti-Dumping and Allied Duties), New Delhi.
Gist of Notification No. F. No. 40/1/2001-DGAD August 27, 2002 Review of anti-dumping duty on Oxo Alcohols
"Oxo Alchohols" is a product falling under Customs sub-heading 2905 of Schedule I of Customs Tariff Act 1975. In the commercial & technical parlance, ‘Oxo alcohols’ consists of the following:-
(i) 2-Ethyl Hexanol (also known as 2-EHA)
(ii) Normal Butanol (known as NBA)
(iii) ISO Butanol (known as IBA)
(iv) ISO Octanol
(v) ISO Decanol
(vi) Normal Hexanol
(vii) Heptanol (ISO Heptanol & Normal Heptanol)
(viii) Nonanol (ISO Nonanol & Normal Nonanol)
(ix) Tri-Decanol
(x) 2 Propyl Heptanol
The government of India had imposed anti-dumping duty on the above product vide Notification 6/2000-Customs dated January 27, 2000 on provisional basis and was confirmed under Notification No. 109/Customs dated August 18, 2002. Later on orders from CEGAT, it was partially modified on April 11, 2001.
The above anti-dumping duty was imposed on the subject goods originating in or exported from Poland, South Korea, Indonesia, Saudi Arabia, Russia, Iran, USA and European Union.
Under the Customs Tariff (Amendment) Act, 1995 and the rules made thereunder, review is to be made from time to time about the need for continuance of anti-dumping duty. The DGAD considers that such a review in the above case is appropriate at this stage under the provision of Section 9 A (5) of the Customs Tariff Amendment Act, 1995.
Oxo Alcohols Industries Association represented the domestic producers viz. M/s Indu Nissan Oxo Chemicals Industries Ltd, Mumbai, Nocil, Mumbai and Andhra Petrochemicals Ltd, Hyderabad in the previous investigations. Now, it has been reported that Indu Nissan and Nocil have suspended their production of the subject goods. Only Andhra Petrochemicals Ltd continues to produce the subject goods & represent the domestic industry.
Any information relating to the present review and any request for hearing should be sent to DGAD in writing so as to reach DGAD not later than forty days from the date of publication of the above review Notification.
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