Cus Ntf No. 98/2001 Date 26th September, 2001
Anti dumping duty on import of Oxo-alcohols WHEREAS in the matter of import of Oxo-alcohols, falling under heading No. 29.05 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 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 17th July, 2000 had come to the conclusion that -
(a) Oxo-alcohol (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 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 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 109/2000–Customs, 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 vide G.S.R. 667 (E), dated the 18th August, 2000;
AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as the Tribunal), in its final order No.5-7/2001 AD, dated the 11th April, 2001 in Appeal Nos C/407/2000-AD, C/411/2000-AD and C/412/2000-AD ( in the matter of Ms Oxy Alcohols Industries Association and others vs Designated Authority) has held that " the appeals are disposed of by amending the table attached to notification
No.109/2000-Customs, dated the 18th August 2000 by fixing anti-dumping duty of US$ 38 per metric tonne on goods mentioned in Column 5 thereto , originating in or exported from Saudi Arabia and by deleting Normal Hexanol from the goods included in the said column(5)".
AND WHEREAS the designated authority has accepted the aforesaid findings of the Tribunal dated the 11th April, 2001;
Now therefore, in exercise of the powers conferred by sub-section (1) 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, and in supercession of the 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 28th August, 2000], except as respects things done or omitted to be done before such supersession , the Central Government, hereby imposes on Oxo-alcohols (Normal Butanol, Iso Butanol, 2-Ethyl Hexanol, Iso Decanol, and Iso Octonol only), falling under heading No. 29.05 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the countries as mentioned in column (2) of the Table annexed hereto, and imported into India, an anti-dumping duty-
(a) on Normal Butanol at the corresponding rate specified in column (3) of the said Table;
(b) on Iso Butanol at the corresponding rate specified in column (4) of the said Table;
(c) on 2-Ethyl Hexanol, Iso Decanol, and Iso Octonol at the corresponding rate specified in column (5) of the said Table.
TABLE| S.No. | Country/Territory | Normal Butanol | Iso Butanol | 2-Ethyl Hexanol, Iso Decanol, Iso Octonol, |
|---|
| | | Amount of duty (US dollars per metric tonne) | Amount of duty (US dollars per metric tonne) | Amount of duty (US dollars per metric tonne) |
|---|
| (1) | (2) | (3) | (4) | (5) |
|---|
| 1 | Poland | 44 | 165 | 165 |
| 2 | South Korea | 115 | 187 | 252 |
| 3 | Russia | 67 | 97 | 97 |
| 4 | Iran | 79 | 136 | 136 |
| 5 | United States of America | 58 | NIL | 87 |
| 6 | European Union | 145 | 204 | 121 |
| 7 | Indonesia | 197 | 194 | 197 |
| 8 | Saudi Arabia | 47 | 47 | 38 |
2. The anti-dumping duty imposed under this notification shall be payable in Indian currency .
Explanation..- For the purposes of this notification, rate of exchange applicable for the purposes of calculation of the 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 under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the 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.D.Lohani
Under Secretary to the Government of India
F.No.354/184/99-TRU (Pt-II)
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