DGTR Initiates Safeguard Investigation on
Isopropyl Alcohol on Complaint of Deepak Fertilisers
[DGTR Safeguard Investigation Notification [Case No: (SG) 06/2019] dated
4 November 2019]
Subject: Notice of initiation
of Safeguard (Quantitative Restrictions) Investigation concerning imports of "Isopropyl
Alcohol" into India
F:No 22/6/2019-DGTR: An application has been filed by M/s Deepak Fertilisers and Petrochemicals
Corporation Ltd. (hereinafter also referred to as “DFPCL” or the "applicant")
in terms of Section 9A of Foreign Trade (Development and Regulation) Act, 1992,
as amended from time to time, (hereinafter also referred to as "Act")
read with Safeguard Measures (Quantitative Restrictions) Rules, 2012, as amended
from time to time (hereinafter also referred to as "Rules" or "Quantitative
Restrictions Rules"), alleging increased imports of "Isopropyl Alcohol"
(hereinafter also referred to as "IPA" or "product under consideration"
or “subject goods”), which are causing serious injury to the domestic industry.
They have sought imposition of safeguard measures in the form of quantitative restrictions
to protect the domestic industry of like article or directly competitive article
from serious injury being caused by the increased imports of the product under consideration.
2. Product under Consideration:
The product concerned is "Isopropyl Alcohol" (IPA), which is also known
as Isopropanol. IPA is a compound with the chemical formula CH3CHOHCH3 and can be
produced using Acetone or Propylene. It is a colorless, flammable liquid and is
used in production of a variety of industrial and household chemicals, bulk drugs
and drug formulations, antiseptics, disinfectants, and detergents etc. The product
under consideration consists of 99.8% of IPA, 0.1% of water and 0.1% impurities.
The subject products are classifiable under the tariff heading 2905, under code
2905 12 20, in the First Schedule to the Customs Tariff Act, 1975. It is clarified
that the said HS code is indicative only and the product description shall prevail
in all circumstances.
3. Domestic Industry
(DI): The application has been filed by M/s Deepak Fertilisers and Petrochemicals
Corporation Ltd. The applicant is the sole producer of the subject goods in India
and accordingly, constitutes domestic industry as defined in terms of Clause (b)
of the sub-section (4) of Section 9A of the Foreign Trade (Development and Regulation)
Act, 1992.
4. Period of Investigation:
The period of investigation (POI) considered for the purposes of present investigation
is from April-2016 to June-2019. The applicant has submitted that there has been
a sudden, sharp and significant surge in imports in April, 18 to June, 2019, as
compared to the earlier periods and thereafter as well. The Authority has taken
six months’ period from January-June, 19 as the ‘most recent period’.
5. Increased Imports:
The applicant claimed that there is a sudden, sharp and significant increase in
imports in April, 18 to June, 19, both in absolute terms as well as relative to
domestic production. It is noted that the imports in 2018-19 have increased by more
than 80%, as compared to that in 2016-17. The applicant has claimed that the imports
have increased primarily due to an increase in global demand for phenol, which led
to an increased production of Phenol. This in turn, resulted in a surplus production
of Acetone, which emerges as a joint product. As a result, the prices of Acetone
plummeted, and led to an increased production of Acetone-based IPA. Further, the
price of Acetone-based IPA declined sharply, leading to increased imports. The applicant
has further relied on other factors such as declining demand of subject goods in
China as a result of shut down of plants for downstream products, due to environmental
concerns, as well as impact of trade war with US etc.
6. Serious Injury and
threat of serious injury to the domestic industry: The applicants have claimed
that the increased imports of product under consideration have caused serious injury
to the applicant as the imports are undercutting the prices of the domestic industry
and have taken over its market share. As a result, the production quantity, sales
quantity, capacity utilization and market share of the domestic industry etc. have
fallen considerably. Further, in the most recent period, the domestic industry has
been forced to sell the subject goods at losses.
7. After examining the
application filed by applicants, the Director General, prima facie, finds that there
is a significant increase in imports of subject goods during Apr- Dec, 2018 and
the most recent period (Jan-Jun, 2019) as a result of unforeseen developments such
as global surplus of Acetone, declining prices of Acetone, increased capacities
in China PR and limited demand for the subject goods in China. The Authority prima
facie finds that the surge in imports have caused serious injury to domestic industry
and also poses threat of serious injury.
8. Initiation: After
determining that there is sufficient evidence to justify initiation of safeguard
investigation, the Director General initiates an investigation pursuant to Rule
5 of the Quantitative Restrictions Rules in order to determine whether there have
been increased imports as a result of unforeseen developments, and whether such
increased imports have caused serious injury to the domestic industry of like and/or
directly competing products.
9. All interested parties
may make their views known within a period of 30 days from the date of this notice
to:
Director General
Directorate General of Trade Remedies (DGTR), Jeevan
Tara Building, 4th Floor,
5, Parliament Street,
New Delhi -110001
10. All known interested
parties are also being addressed separately.
11. Any other party to
the investigation who wishes to be considered as an interested party may submit
its request so as to reach the Director General on aforementioned address within
30 days from the date of this notice.
12. If no information
is received within the prescribed time limit or the information received is incomplete,
the Director General may record its findings on the basis of the facts available
on record. The information must be submitted in hard copies as well as soft copies.
13. Submission of Information
on Confidential Basis - The parties making any submission (including Appendices/
Annexure attached thereto), before the Director General including Questionnaire
Response, are required to file the same in two separate sets, in case "confidentiality"
is claimed on any part thereof. The "confidential" or "non-confidential"
submissions must be clearly marked as "confidential" or "non-confidential"
at the top of each page. Any submission made without such marking shall be treated
as non-confidential by the Director General and the Director General shall be at
a liberty to allow the other interested parties to inspect such submissions. Soft
copies of both the versions will also be required to be submitted, along with the
hard copies, in two (2) sets of each. The confidential version shall contain all
information which are by nature confidential and/or other information which the
supplier of such information claims as confidential. The information which is claimed
to be confidential by nature or the information on which confidentiality is claimed
because of other reasons, the supplier of the information is required to provide
a good cause statement along with the supplied information as to why such information
cannot be disclosed. The non-confidential version is required to be a replica of
the confidential version with the confidential information preferably indexed or
blanked out (in case indexation is not feasible) and summarized depending upon the
information on which confidentiality is claimed. The non-confidential summary must
be in sufficient detail to permit a reasonable understanding of the substance of
the information furnished on confidential basis. However, in exceptional circumstances,
the party submitting the confidential information may indicate that such information
is not susceptible to summary, and a statement of reasons why summarization is not
possible, must be provided to the satisfaction of the Director General. The Director
General may accept or reject the request for confidentiality on examination of the
nature of the information submitted. If the Director General is satisfied that the
request for confidentiality is not warranted or if the supplier of the information
is either unwilling to make the information public or to authorize its disclosure
in generalized or summary form, it may disregard such information. Any submission
made without a meaningful non-confidential version thereof or without a good cause
statement on the confidentiality claim shall not be taken on record by the Director
General. The Director General on being satisfied and accepting the need for confidentiality
of the information provided, shall not disclose it to any party without specific
authorization of the party providing such information.
14. Any interested party
may inspect the public file containing non-confidential version of the evidence
submitted by other interested parties.
15. In case where an interested
party refuses access to, or otherwise does not provide necessary information within
a reasonable period, or significantly impedes the investigation, the Director General
may record its findings on the basis of the facts available to it and make such
recommendations to the Central Government as deemed fit.