ANDHRA PETROCHEMICAL LTD., SASOL Vs. DESIGNATED AUTHORITY AND

JUDGEMENT

(1.) THESE four appeals which have been filed under the provisions of Section 9C of the Customs Tariff Act, 1975 against the notification and the final findings, by which anti -dumping duty was imposed on acyclic alcohols specified in the notification, exported from the countries mentioned therein and imported into India at the rates specified in the corresponding entries shown in the table contained in the notification, to the extent that the respective appellants have felt aggrieved against the impugned final findings and the notification issued on the basis thereof by the Central Government in exercise of the powers conferred by Sub -section (1) read with Sub -section (5) of Section 9A of the Customs Tariff Act, and Rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti -Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995.

(2.) IN its final finding, the Designated authority had come to the conclusion that acyclic alcohols (Oxo Alochols), namely, Normal Butanol (NBA), 2 -Ethyl Hexanol (2 -EHA), Iso Butanol (IBA), Sabutol and Octanol had been exported to India from the subject countries below their normal value and that the domestic industry had suffered material injury which had been caused cumulatively by the dumped imports from the subject countries. It was held that it was considered necessary to impose definitive antidumping duty on the forms of acyclic alcohols (Oxo Alcohols), including those forms held as "like article", where there was either evidence of dumping of the specific forms or of other forms held as "like article" during the period of investigation. The designated authority accordingly recommended imposition of anti -dumping duty on the imports of the following forms/types of acyclic alochols from subject countries in order to remove the injury to the domestic industry:

(3.) APPEAL No. C/599/03 has been filed by the domestic industry praying that the dumping margin in respect of exports of NBA from South Africa and Malaysia and IBA from Singapore be re -determined and antidumping be imposed in respect of all "exempted types"; to hold that exclusions of Malaysia and South Africa from the scope of anti -dumping duty on NBA, Singapore from the scope of anti -dumping duty on INA and IBA are incorrect, and modify the final findings notified by the respondent No. 2 and anti -dumping duty imposed by the respondent No. 1 in respect of these alcohols; hold that anti -dumping duty is required to be extended to all like forms of the product and impose duty on Iso Octanol, Nonanol and Iso Nonanol, and duty on Sabutol from South Africa be enhanced appropriately.