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THE CUSTOMS TARIFF ACT 1975 (Notification)
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Body NOTIFICATION No. 28/2018-Customs (ADD), F.No.354/169/2018 -TRU, Dated, 25th May, 2018

Whereas, in the matter of import of 'Saturated Fatty Alcohols' (hereinafter referred to as the subject goods), falling under Chapters 29 and 38 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 Indonesia, Malaysia and Thailand (hereinafter referred to as the subject countries) and imported into India, the designated authority vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification No. F. No.14/51/2016-DGAD, dated the 23rd April, 2018, has come to conclusion that-

    (i) the product under consideration is exported to India from the subject countries below its associated normal value, thus, resulting in dumping of the product;

    (ii) some of the imports were also causing material injury to the domestic industry,

and has recommended the imposition of definitive anti-dumping duty on the imports of subject goods, originating in or exported from the subject countries and imported into India, in order to remove injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the 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, 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 sub-headings 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), exported by the exporters as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (8), in the currency specified in the corresponding entry in column (10) and per unit of measurement as specified in the corresponding entry in column (9) of the said Table:

TABLE

Sl. No. Tariff Item Description of goods Country of Origin Country of export Producer Exporter Amount Unit Currency
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
1. 2905 17, 2905 19, 3823 70 All types of Saturated Fatty Alcohols excluding Capryl Alcohols (C8) and Decyl Alcohols (C10) and blends of C8 and C10. Indonesia Singapore PT Ecogreen Oleochemicals Ecogreen Oleochemicals (Singapore) Pte Ltd. NIL MT USD
2. 2905 17, 2905 19, 3823 70 -do- Indonesia Indonesia PT Musim Mas InterContinental Oils & Fats Pte Ltd, 7.10 MT USD
3. 2905 17, 2905 19, 3823 70 -do- Indonesia Indonesia PT Wilmar Nabati Indonesia Wilmar Trading Pte Ltd. 52.23 MT USD
4. 2905 17, 2905 19, 3823 70 -do- Indonesia Indonesia Any combination other than Sl. Nos. 1, 2 & 3 Any combination other than Sl Nos. 1, 2 & 3 92.23 MT USD
5. 2905 17, 2905 19, 3823 70 -do- Indonesia Any country Any Any 92.23 MT USD
6. 2905 17, 2905 19, 3823 70 -do- Any country other than those subject to antidumping duty Indonesia Any Any 92.23 MT USD
7. 2905 17, 2905 19, 3823 70 -do- Malaysia Malaysia FPG Oleochemicals Sdh Bhd Procter & Gamble International Operations SA 17.64 MT USD
8. 2905 17, 2905 19, 3823 70 -do- Malaysia Malaysia KL - Kepong Oleomas Sdn Bhd KL - Kepong Oleomas Sdn Bhd NIL MT USD
9. 2905 17, 2905 19, 3823 70 -do- Malaysia Malaysia Any combination other than Sl. Nos. 7 & 8 Any combination other than Sl. Nos. 7 & 8 37.64 MT USD
10. 2905 17, 2905 19, 3823 70 -do- Malaysia Any country Any Any 37.64 MT USD
11. 2905 17, 2905 19, 3823 70 -do- Any country other than those subject to antidumping duty Malaysia Any Any 37.64 MT USD
12. 2905 17, 2905 19, 3823 70 -do- Thailand Thailand Thai Fatty Alcohols Co. Ltd. Thai Fatty Alcohols Co. Ltd. NIL MT USD
13. 2905 17, 2905 19, 3823 70 -do- Thailand Thailand Any combination other than Sl. No. 12 Any combination other than Sl. No. 12 22.50 MT USD
14. 2905 17, 2905 19, 3823 70 -do- Any country other than country of origin Thailand Any Any 22.50 MT USD
15. 2905 17, 2905 19, 3823 70 -do- Thailand Any country Any Any 22.50 MT USD
16. 2905 17, 2905 19, 3823 70 -do- Indonesia Any country including Indonesia PT. ENERGI SEJAHTERA MAS Sinarmas CEPSA Pte. Ltd. 51.64 MT USD".

2. The anti-dumping duty imposed 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 payable 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 Act.

Explanation. - For the purpose of this notification, all the provisional assessments made under notification No. 13/2019-Customs (ADD), dated the 14th March, 2019, shall be finally assessed under the entries specified in the above Table.

(Mohit Tewari)

Under Secretary to the Government of India.