MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
(DIRECTORATE GENERAL OF TRADE REMEDIES)
NOTIFICATION
New Delhi, the 20th November, 2020
TERMINATION
Case No. (O.I.) 21/2019
Subject : Termination of Anti-Dumping Investigation concerning imports of “Mono Ethylene Glycol”
originating in or exported from Kuwait, Oman, Singapore and UAE.
F. No. 6/29/2019- DGTR.—
A. Introduction
1. Having regard to the Customs Tariff Act, 1975 as amended from time to time (hereinafter also referred as the “Act”) and the Customs Tariff (Identification, 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 as the “Rules”), thereof, M/s Reliance Industries Limited (hereinafter also referred to as the “Applicant”) filed an application dated 25th October, 2019 before the Designated Authority (hereinafter also referred to as the “Authority”) for initiation of anti dumping investigation and imposition of anti-dumping duties on imports of ―Mono Ethylene Glycol (MEG or Ethylene Glycol)” (hereinafter referred as “product under consideration” or “subject goods”) originating in or exported from Kuwait, Oman, Saudi Arabia, Singapore and United Arab Emirates (UAE) (hereinafter referred as “subject countries”).
2. The Authority, based on prima facie evidence of dumping of subject goods by the subject countries, injury to the domestic industry and causal link between the dumping and injury, initiated an anti-dumping investigation into the alleged dumping, and consequential injury to the domestic industry in terms of Rule 5 of the Rules.
3. The Authority accordingly issued a Public Notice dated 9th December, 2019 published in the Gazette of India – Extraordinary, initiating an anti-dumping investigation concerning imports of ―Mono Ethylene Glycol (MEG or Ethylene Glycol)‖, classified under the tariff item 2905 31 00, originating in or exported from Kuwait, Oman, Saudi Arabia, Singapore and UAE.
B. Procedure
4. The Authority post-initiation sent copies of the initiation notification to the Embassies of the subject countries in India, known producers/exporters from the subject countries, known importers/users and the domestic industry as per the addresses made available by the applicant and requested them to make their views known in writing within 30 days of the initiation notification as per Rule 6(2) of the AD Rules
5. The Authority, granted extension, to file Exporter Questionnaire Response by 31st January, 2020, which was placed in the public domain through DGTR‘s website.
6. The Authority provided a copy of the non-confidential version of the application to the known producers/exporters and to the Embassies of the subject countries in India in accordance with Rule 6(3) of the Rules.
7. The Embassies of the subject countries in India were also requested to advise the exporters/producers from its countries to respond to the questionnaire within the prescribed time limit. A copy of the letter and questionnaire sent to the producers/exporters was also sent to them along with the names and addresses of the known producers/exporters from the subject countries.
8. In response to the initiation notification and intimation, exporters/ producers from subject countries and importers/ users responded to the Authority by filing Exporter Questionnaire Response and filing legal submissions.
9. The Authority made available non-confidential version of the evidences presented by various interested parties in the form of a public file kept open for inspection by the interested parties.
10. The Applicant, vide letter dated 21st February, 2020, requested the Authority to terminate the investigation in respect of imports of subject goods from Saudi Arabia. Further, the Applicant requested the Authority to continue the investigation and recommend for imposition of provisional anti-dumping duty in respect of imports of subject goods from Kuwait, Oman, Singapore and UAE.
11. The Authority issued a Public Notice dated 6th April, 2020 published in the Gazette of India – Extraordinary, terminating the anti-dumping investigation concerning imports of ―Mono Ethylene Glycol (MEG or Ethylene Glycol)‖, against Saudi Arabia, and noted that the investigation in respect of imports of subject goods originating in or exported from Kuwait, Oman, Singapore and UAE shall continue.
C. Request Received from the Domestic Industry
12. Vide letter dated 18th November, 2020, the Applicant withdrew the application filed in the subject matter stating that in view of the current situation, they have withdrawn the aforesaid application with a liberty to resubmit the same.
D. Examination by the Authority
13. The request made by the domestic industry, M/s Reliance Industries Limited, vide its letter dated 18th November, 2020, has been examined.
14. The Authority notes that Rule 14(a) of the Rules reads as under:
14. Termination of investigation. – The designated authority shall, by issue of a public notice, terminate an investigation immediately if – (a) it receives a request in writing for doing so from or on behalf of the domestic industry affected, at whose instance the investigation was initiated;
15. It is noted that Rule 14 provides for termination of investigations in certain situations which includes a situation where the application is withdrawn by the company. Rule 14(a) of Rules provides that the Authority shall, by issue of a public notice, terminate an investigation immediately if it receives a request in writing for doing so from or on behalf of the domestic industry affected, at whose instance the investigation was initiated.
16. The present investigation was initiated based on an application filed by M/s Reliance Industries Limited constituting the domestic industry. M/s India Glycols Limited supported the application filed by M/s Reliance Industries Limited. Thus, the domestic industry in the present case consists of a single producer i.e. M/s Reliance Industries Ltd. The Authority notes that Rule 14(a) of the Rules requires the Authority to terminate the investigation, once the domestic industry, at whose instance the investigation was initiated files a written request for termination of the investigation.
E. Conclusion
17. In view of the aforesaid request made by the domestic industry, M/s Reliance Industries Limited and under the provisions of Rule 14(a) of the Rules the Authority hereby terminates the investigation initiated on 9th December, 2019 vide notification No. 6/29/2019- DGTR and as modified by the notification dated 6th April, 2020 vide notification No. 6/29/2019- DGTR against the imports of (Mono Ethylene Glycol (MEG or Ethylene Glycol) from Kuwait, Oman, Singapore and UAE.
B.B. SWAIN, Spl. Secy. & Designated Authority
