DGTR Refuses to Implement Court Order in Andhra Petro Dumping
Petition
· Says
No Ground under Anti-dumping Rules Available
[F.
No. 14/20/2016-DGAD dated 29th October, 2018]
Final Findings
Subject: WP No. 7671 of 2018
(Andhra Petrochemicals Limited v. Union of India) High Court of Judicature at
Hyderabad for the state of Telangana and the State of Andhra Pradesh, Hon’ble
High Court order dated 31st July, 2018 in the final findings dated 28th
November, 2017 issued in the anti-dumping investigation concerning imports of
Normal Butanol or “N-Butyl Alcohol” originating in or exported from Saudi
Arabia- Redetermination
No. 14/20/2016-DGAD: Having regard to the aforecited subject and the Customs Tariff Act, 1975 as
amended from time to time (hereinafter referred to as the Act) and the Customs
Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on
Dumped Articles and for Determination of Injury) Rules thereof, as amended from
time to time (hereinafter referred to as the AD Rules).
**
Conclusions and Recommendations
Keeping in view the direction of the Hon’ble High Court,
the mandate of AD rules and the Act, relevant submissions by various interested
parties and facts available before the Authority to address the issues; the
authority concludes as under:
(i)
The Domestic Industry was suffering
injury during the entire injury analysis period even when no imports were
coming from Saudi Arabia.
(ii) Having evaluated the threat to Material Injury as directed by
the Hon’ble High Court the Authority holds that in view of Post POI imports
till August, 2018 the threat of material injury is not established.
(iii) In view of the above, the recommendation of the authority in
original finding that imports of Subject goods from Saudi Arabia did not
conclusively establish a causal link between dumping and material injury also
stands vindicated and is reiterated.
(iv) The
Authority holds that analysis and interpretation of both (ii) and (iii) above
established that no injury to Domestic Industry due to imports from Saudi
Arabia has been caused.
(v) The Authority in view of the above does not consider it
appropriate to recommend levy of an Anti-Dumping Duty on the subject goods from
Saudi Arabia and hereby terminates this investigation in accordance with Rule
14 (b), Rule 17(1) (iii), Rule 11(2) and para (v) of Annexure II of the
Anti-Dumping Rules.