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]
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.