Oxo Alcohols from Brazil, Malaysia, Romania Final Findings

Ntfn 143 Whereas in the matter of import of
01.10.2003 Acyclic alcohols (Oxo alcohols),
(DoR) 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, lso Butanol, Subutol, Octanol and lso 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, vice 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 power conferred bu sub-section ( I), read with sub-section (5) of section 9 A 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), 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.

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 India currency.

Explanation:- For the purposes of the 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, 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 presentaition of the bill of entry under section 46 of the said Customs Act.

Table

S No

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

Normal Butanol

Brazil

Any country other than Romania, Malaysia, South Africa and Singapore

M/S Ciquine

M/S Ciquine

140.77

Metric tonne

US 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

US 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

US 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

US 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

US 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

US 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

US 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

US 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

US 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

US 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

US 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

US Dollar

13

2905

Acyclic alcohol

Iso Butanol, 2-Ethyl Hexanol or Octanol

Malaysia

Any country other than Brazil, Romania, Malaysia, South Africa and Singapore

M/s BASF Petronas Chemical

M/S BASF Petronas Chemical

44.64

Metric Tonne

US 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

US 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

US 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

US 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

US Dollar

18

2905

Acyclic alcohol

Sabutol

South Africa

Any country other than Brazil, Romania, Malaysia Singapore

Any Producer other than M/S Sasol Solvents

Any exporter other than M/S Sasol Solvents

79.56

Metric Tonne

US Dollar

19

2905

Acyclic alcohol

Iso Butanol, 2-Ethyl Hexanol or Octanol

Any country

South Africa

Any Producer

Any exporter

260.52

Metric Tonne

US 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

US 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

US 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

US Dollar

23

2905

Acyclic alcohol

Normal Butanol

Any country

Singapore

Any Producer

Any exporter

161.16

Metric Tonne

US Dollar

24

2905

Acyclic alcohol

2-Ethyl Hexanol or Octanol

Any country

Singapore

Any producer

Any exporter

210.98

Metric Tonne

US Dollar