[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. 13 /2019-Customs (ADD)
New Delhi, the
14th March, 2019
G.S.R. (E).- Whereas, in the matter of import of
‘Saturated Fatty Alcohols’ (hereinafter referred to as the subject goods),
falling under tariff items 2905 17, 2905 19 and 3823 70 of the First Schedule
to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from
Indonesia, Malaysia, Thailand and Saudi Arabia (hereinafter referred to as the
subject countries), the designated authority, vide its final findings
notification No.14/51/2016- DGAD, dated the 23rd April, 2018, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd April, 2018,
had come to the conclusion that the product under consideration exported to
India from the subject countries below its associated normal value, thus,
resulting in dumping of the product. Some of the imports were also causing
material injury to the domestic industry.
And
Whereas, had recommended imposition of definitive anti-dumping duty on imports
of the subject goods originating in, or exported 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 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 25th May, 2018;
And
Whereas, M/s. PT. Energi Sejahtera Mas (Producer) Indonesia and through M/s.
Sinarmas Cepsa Pte Ltd (Exporter/trader), Singapore have 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-DGTR, dated the 15th January 2019, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 15th January 2019, has
recommended provisional assessment of all exports of the subject goods made by
the above stated party till the completion of the review by it;
Now
Therefore, in exercise of the powers conferred by sub-rule (2) 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, the
Central Government, after considering the aforesaid recommendation of the
designated authority, hereby orders that pending the outcome of the said review
by the designated authority, the subject goods, when originating in or exported
from the subject country by M/s. PT. Energi Sejahtera Mas (Producer) Indonesia
and through M/s. Sinarmas Cepsa Pte Ltd (Exporter/trader), Singapore and
imported into India, shall be subjected to provisional assessment till the
review is completed.
2. The
provisional assessment may be subject to such security or guarantee as the
proper officer of customs deems fit for payment of the deficiency, if any, in
case a definitive antidumping duty is imposed retrospectively, on completion of
investigation by the designated authority.
3. In
case of recommendation of anti-dumping duty after completion of the said review
by the designated authority, the importer shall be liable to pay the amount of
such antidumping duty recommended on review and imposed on all imports of
subject goods when originating in or exported from the subject country by M/s.
PT. Energi Sejahtera Mas (Producer) Indonesia and through M/s. Sinarmas Cepsa
Pte Ltd (Exporter/trader), Singapore and imported into India, from the date of
initiation of the said review.
[F.No.354/169/2018-TRU]
(Gunjan Kumar
Verma)
Under Secretary to the Government of India
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