MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
[DIRECTORATE GENERAL OF TRADE REMEDIES (DGTR)]
New Delhi, the 11th 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.
F. No. 14/22/2016-DGAD.—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.
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.14/22/2016 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.
B. B. SWAIN, Spl. Secy. & Designated Authority