DGTR Terminates Anti-dumping
Investigation on Isononanol (INA from EU and Singapore following Supreme Court
Order)
·
2-Propylheptyl Alcohol (2-PH) from European Union
·
2-Ethyl Hexanol (2-EH) from Saudi Arabia and Singapore
[Termination
Notification F. No. 14/22/2016-DGAD dated 11 November 2020]
Subject: Termination of anti-dumping investigation
concerning imports of Isononanol (INA) originating in or exported from European
Union and Singapore, 2-Propylheptyl Alcohol (2- PH) originating in or exported
from European Union and 2-Ethyl Hexanol (2-EH) originating in or exported from
Saudi Arabia and Singapore.
A. Introduction:
1. Having regard to the Customs Tariff Act 1975 as
amended from time to time (hereinafter also referred to as the "Act")
and the Customs Tariff (Identification and Assessment and Collection of Anti
dumping duty on Dumped Articles and for Determination of Injury) Rules, 1995,
as amended from time to time (hereinafter also referred to as the
"Rules") thereof, M/s Andhra Petrochemicals Ltd. (hereinafter also
referred to as the 'Petitioner ' or 'Applicant ') filed an application dated
18.10.2016 and 02.12.2016 before the Director General for initiation of
Anti-dumping investigation and imposition of anti-dumping duties on imports of
Isononanol (INA), 2-Propylheptyl Alcohol (2-PH), 2-Ethyl Hexanol
(2-EH),(hereinafter also referred to as the "subject goods" or
"product under consideration" or "PUC"). The countries
concerning Isononanol (INA) imports are European Union and Singapore, while the
Countries concerning 2-Propylheptyl Alcohol (2-PH) imports are European Union
and the countries concerning 2-Ethyl Hexanol (2-EH) imports are Saudi Arabia
and Singapore (hereinafter also referred to as the "subject
countries").
2. On the directions of the Hon'ble High Court of
Telangana, dated 28.08.2018, the Authority issued initiated the aforesaid
initiation through Notification No. F.No.14/22/2016-DGAD dated 09.07.2019 along
with corrigendum dated 09.07.2019.
B. Procedure
3. Application was filed by the Domestic Industry on
02.12.2016 for initiating the aforesaid investigation. It was rejected by the
Designated Authority vide Office Memorandum F.No.l4/22/2016 dated 07.06.2017.
Aggrieved by the same the petitioner filed a writ petition before the Hon'ble
Telangana High Court.
4. As per the directions issued by the Hon'ble High Court
of Telangana through orders dated 09.02.2018 and 28.08.2018, the Authority
initiated the investigation vide its notification dated 09.07.2019 along with a
corrigendum issued on the same date.
5. The orders issued by the Hon'ble High Court of
Telangana were challenged by the Authority before the Hon'ble Supreme Court of
India through a SLP. The Supreme Court vide its order dated 01.09.2020 set
aside the orders of the Hon'ble High Court of Telangana.
C. Examination by the
Authority
6. The Authority notes that as a result of the aforesaid
order of the Hon'ble Supreme Court setting aside the orders of the Hon'ble High
Court of Telangana, which directed the Authority to initiate the above
investigation, it cannot continue with the investigation any further and hereby
terminates the aforesaid investigation.