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Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 18th August, 2000, subsequently superseded by notification No. 98/2001–Customs, dated the 26th September, 2001, [G.S.R. 697(E), dated the 26th September, 2001], published in Part II, Section 3,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.