DESIGNATED AUTHORITY Vs. M/S. THE ANDHRA PETROCHEMICALS LIMITED
SUPREME COURT OF INDIA
M/S. The Andhra Petrochemicals Limited
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S.RAVINDRA BHAT, J. -
(1.)Leave granted. With consent, the appeals were heard finally. The present appeals by special leave impugns three orders of the Telangana High Court, dated 28.08.2018, 22.07.2019 and 05.08.2019 respectively. These were in the context of the respondent/writ petitioners' (hereafter "Andhra Petro") challenge to orders of the Designated Authority (hereafter "DA"), which related to the question of imposition of anti-dumping duty.
(2.)The facts are that Andhra Petro applied to the Central Government, seeking imposition of anti-dumping duty on imports of normal Butanol or N-butyl alcohol originating in and exported into India from Saudi Arabia. Butanol is a basic organic chemical and a primary alcohol; it is an excellent solvent for acid-curable lacquers and baking finishes. A large part of normal Butanol is converted into derivatives for use as solvents in coating industries. This application resulted in the initiation of investigation by the designated authority into the import of the subject articles from Saudi Arabia, by notification dated 02.09.2016.
(3.)Andhra Petro furnished import data for the period of three months. The period of investigation was from April, 2015 to March, 2016. The Designated Authority granted a public/oral hearing to interested parties on 23.06.2017 followed by written submissions. Andhra Petro also attended the hearing and filed detailed submissions on 30.06.2017. It alleged that the information given was not only for the period of investigation but also for the entire injury period, 2012-13 to 2014-15. Andhra Petro admitted that dumping from Saudi Arabia occurred in the last three months of the period of investigation, i.e., January to March, 2016, and that there were no imports from Saudi Arabia in the first nine months of the period of investigation, i.e., from April to December, 2015. It claimed that dumping of the same product also took place from Malaysia, Singapore, South Africa, the USA and the European Union. The period of investigation by the Designated Authority covered investigation in respect of imports from these exporting territories too. The application further claimed that though imports from Saudi Arabia started only in January, 2016, the volume of such dumped imports was significant enough to cause material injury to the domestic industry. This was to the extent of capturing 39% of the market share in India.
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