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 25th 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 25th 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 15th January, 2019, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 15th 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 14th 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 14th March, 2019;

And whereas, the designated authority, vide its final findings notification No. 7/38/2018- DGTR, dated the 24th September, 2019, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th September, 2019, has recommended imposition of definitive antidumping 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 25th 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 25th 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: -

(ii)after the Table and the entries relating thereto, the following Explanation shall be inserted,namely: -

“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.”.

[F. No. 354/169/2018-TRU]

(Gunjan Kumar Verma)
Under Secretary to the Government of India

Note- The principal notification No. 28/2018-Customs (ADD), dated the 25th May, 2018 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 498(E), dated the 25th May, 2018.