SIMALIN CHEMICAL INDUSTRIES Vs. DESIGNATED AUTHORITY

JUDGEMENT

(1.) Challenge in this appeal is against Notification No. 31/2002 -Cus., dated 27 -3 -2002 issued by the Ministry of Finance, Govt. of India imposing anti -dumping duty on imports of Hexamine originating in and exported by M/s. Saudi Formaldehyde Chemical Company Ltd. from Saudi Arabia.

(2.) In Appeal No. C/335/2002 Filed by M/s. Saudi Formaldehyde Chemical Company Ltd., the exporter to India, prayer is to annul the final finding dated 15 -2 -2002 of the Designated Authority recommending antidumping duty and also Notification dated 27 -3 -2002 imposing anti -dumping duty on the basis of the recommendation. Appeal Nos. C/331 and 334/2002 are filed by M/s. Simalin Chemical Industries and M/s. Rockhard Petro Chemicals Ltd. They are the domestic industry, which filed petition before the Designated Authority for imposition of anti -dumping duty on dumped import of Hexamine from Saudi Arabia and Russia. The prayer in the appeal of M/s. Simalin is for modifying the quantum of dumping margin, injury margin and anti -dumping duty on exports from Russia by adopting correct data. In the appeal filed by M/s. Rockhard apart from the above prayer regarding exports from Russia there is prayer for enhancement of the anti -dumping duty on the exports from Saudi Arabia. We heard learned Counsel Shri N.K. Bajpai on behalf of the Designated Authority, Shri Rakesh Tikkoo on behalf of the domestic industry and Senior Counsel Shri A.C. Sundaram on behalf of the exporter from Saudi Arabia. There is no appearance on behalf of the exporter from Russia.

(3.) A petition was filed by M/s. Simalin Chemicals Industries Ltd., Baroda and M/s. Rockhard Petro Chemical Industries Ltd., Indore alleging dumping of Hexamine originating in or exported from Saudi Arabia and Russia. M/s. Kanoria Chemicals and Industries Ltd. had supported the petition. The period of investigation was from 1st April, 1999 to 30th Sept., 2000. Since petitioners accounted for 43.09% of the total production in the POI and the petitioners and supporter together accounted for 87.98% of the total Indian production, the authorities took the view that the petitioners constitute domestic industry having the standing to file the petition under the Rules. Investigations were initiated on 20 -2 -2001. In the final finding under Notification dated 15 -2 -2002 the Designated Authority recommended imposition of definitive anti -dumping duty on all imports of Hexamine originating in or exported from Saudi Arabia and Russia. The anti -dumping duty is as follows : -