2- Ethyl Hexanol (2-EH) from EU, USA, Korea plus Three Countries – Anti-dumping Duty to Continue for Five More Years

[Notification No. 17/2021-Customs (ADD) dated 26 March 2021]

Seeks to impose anti-dumping duty on imports of 2-Ethyl hexanol originating in or exported from European Union, Indonesia, Korea RP, Malaysia, Taiwan and United States of America for a period of 5 years.

G.S.R. ---(E). - Whereas, the designated authority, vide notification No. 7/28/2020-DGTR, dated the 28th August, 2020, published in the Gazette of India, Extraordinary, Part I, Section 1, had initiated a review in the matter of continuation of anti-dumping duty on imports of ‘2- Ethyl Hexanol’ (hereinafter referred to as the subject goods) falling under tariff item 2905 16 20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating in or exported from European Union, Indonesia, Korea RP, Malaysia, Taiwan and United States of America (hereinafter referred to as the subject countries), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 10/2016-Customs (ADD), dated the 29th March, 2016, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 360(E), dated the 29th March, 2016;

And whereas, in the matter of review of anti-dumping duty on import of the subject goods, originating in or exported from the subject countries, the designated authority in its final findings, published vide notification No. 7/28/2020-DGTR, dated the 8th March, 2021, in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that-

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

(ii) though the performance of the domestic industry has improved till 2018-19 from the base year, its performance has suffered deterioration within the period of investigation, and thus, the domestic industry remains vulnerable due to dumping of the subject goods from the subject countries and there is likelihood of injury in the event of expiry of duty;

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

and has recommended continued imposition of anti-dumping duty on the subject goods, originating in or exported from the subject countries.

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 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, after considering the aforesaid final findings of the designated authority, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, falling under tariff item of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), originating in the countries as specified in the corresponding entry in column (4), exported from the countries as specified in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry in column (6), and imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (7), as per unit of measurement as specified in the corresponding entry in column (8) and in the currency as specified in the corresponding entry in column (9) of the said Table, namely:-

Table

S.No.	Tariff Item	Description of Goods	Country of Origin	Country of Export	Producer	Duty Amount	Unit of Measure-ment	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)
1.	29051620	2-Ethyl Hexanol(2- EH) in all forms and grades	Malaysia	Any country including Malaysia	BASF Petronas Chemicals Sdn. Bhd., Malaysia	53.63	MT	USD
2.	29051620	2-Ethyl Hexanol(2- EH) in all forms and grades	Malaysia	Any country including Malaysia	Any other than producer at S.No. 1	107.30	MT	USD
3.	29051620	2-Ethyl Hexanol(2- EH) in all forms and grades	Any other than the subject countries	Malaysia	Any	107.30	MT	USD
4.	29051620	2-Ethyl Hexanol(2- EH) in all forms and grades	Indonesia	Any country including Indonesia	P.T. Petro Oxo Nusantara, Indonesia	45.67	MT	USD
5.	29051620	2-Ethyl Hexanol(2- EH) in all forms and grades	Indonesia	Any country including Indonesia	Any other than producer at S.No. 4	127.82	MT	USD
6.	29051620	2-Ethyl Hexanol(2- EH) in all forms and grades	Any other than the subject countries	Indonesia	Any	127.82	MT	USD
7	29051620	2-Ethyl Hexanol(2- EH) in all forms and grades	European Union	Any country including European Union	(i) OQ Chemicals Produktion GmbH & Co. KG, Germany (ii) OQ Chemicals GmbH, Germany	45.47	MT	USD
8	29051620	2-Ethyl Hexanol(2- EH) in all forms and grades	European Union	Any country including European Union	Any other than producers at S.No. 7	113.47	MT	USD
9	29051620	2-Ethyl Hexanol(2- EH) in all forms and grades	Any other than the subject countries	European Union	Any	113.47	MT	USD
10	29051620	2-Ethyl Hexanol(2- EH) in all forms and grades	Korea RP	Any country including Korea RP	Any	15.55	MT	USD
11	29051620	2-Ethyl Hexanol(2- EH) in all forms and grades	Any other than the subject countries	Korea RP	Any	15.55	MT	USD
12	29051620	2-Ethyl Hexanol(2- EH) in all forms and grades	Taiwan	Any country including Taiwan	Any	42.45	MT	USD
13	29051620	2-Ethyl Hexanol(2- EH) in all forms and grades	Any other than the subject countries	Taiwan	Any	42.45	MT	USD
14	29051620	2-Ethyl Hexanol(2- EH) in all forms and grades	United States of America	Any country including United States of America	Any	29.61	MT	USD
15	29051620	2-Ethyl Hexanol(2- EH) in all forms and grades	Any other than the subject countries	United States of America	Any	29.61	MT	USD

2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette 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 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 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.

[F. No. 354/264/2015-TRU (Pt-I)]