CUSTOMS (ADD) Notification No 41 of 2019 dated 25th October, 2019

 

  

Seeks to amend notification No. 28/2018-Customs (ADD) dated 25th may, 2018, in pursuance of New Shipper Review investigation issued by DGTR.  

 The extract of CUSTOMS (ADD) Notification No. 41/2019- CUSTOMS is given below: 

    Notification No. 41/2019-CUSTOMS (anti-dumping duty)

 

 [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)] 

Government of India 

Ministry of Finance 

(Department of Revenue) 

Notification No. 41 /2019-Customs (ADD) 

New Delhi, the 25^th October, 2019

 

G.S.R. (E).- Whereas, in the matter of import of ‘Saturated Fatty Alcohols’ (hereinafter referred to as the subject goods), falling under sub-headings 2905 17, 2905 19, 3823, 70 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 subject countries) and imported into India, the designated authority, in its sunset review final findings, published  in  the  Gazette  of  India,  Extraordinary,  Part  I,  Section  1,  vide  notification  No. 14/51/2016-DGAD, dated the 23th April, 2018, had come to the conclusion that- 

(i)    the product under consideration 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 had recommended imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from, the subject country and imported into India, in order to remove injury to the domestic industry;

 

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 28/2018-Customs (ADD), dated the 25^th May, 2018, published, in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 498(E), dated the 25^th May, 2018;

 

And whereas, M/s. PT. Energi Sejahtera Mas (Producer) Indonesia through M/s. Sinarmas Cepsa Pte Ltd (Exporter), Singapore, had requested for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in respect of exports of the subject goods made by them,and the designated authority, vide new shipper review notification No. 7/38/2018-DGAD, dated the 15^th January, 2019, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 15^th January, 2019, had recommended provisional assessment of all exports of the subject goods made by the above mentioned parties till the completion of the review by it, which was notified vide enabling Customs notification No. 13/2019-Customs (ADD), dated the 14^th March, 2019, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 219(E), dated the 14^th March, 2019;

 

And whereas, the designated authority, vide its final findings notification No. 7/38/2018-DGTR, dated the 24^th September, 2019, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24^th September, 2019, has recommended imposition of definitive anti-dumping duty on ‘Saturated Fatty Alcohols’ exported/produced by M/s. PT. Energi Sejahtera Mas (Producer) Indonesia and through M/s. Sinarmas Cepsa Pte Ltd (Exporter), Singapore.

 

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, 20 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 hereby makes the following amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 28/2018-Customs (ADD), dated the 25^th May, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 498(E), dated the 25^th May, 2018 , namely:-

 

In the said notification,

 

(i)    in the Table, after Serial number 12 and the entries relating thereto, the following serial number and entries shall be added, namely: -

 

“13.	2905	All	types	Indonesia	Singapore	PT.  ENERGI	Sinarmas	51.64	MT	USD
	17,	of				SEJAHTERA	CEPSA
		Saturated
	2905					MAS	PTE. LTD
		Fatty
	19   or	Alcohols
	3823	excluding
		Capryl
	70
		Alcohols
		(C8)	and
		Decyl
		Alcohols