Government of India
Ministry of Commerce & Industry
Directorate General of Anti Dumping & Allied Duties

Udyog Bhavan, New Delhi

Dated : 6th August, 2002

Notification

Sub: Anti-Dumping investigation concerning imports of Isopropyl Alcohol (IPA) from Singapore, USA, European Union and China – Final Findings.

No.46/1/2001-DGAD - Having regard to the Customs Tariff Act 1975 as amended in 1995 and the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, thereof:

A. PROCEDURE
  1. The procedure described below has been followed with regard to the investigations:
  1. The Designated Authority (hereinafter also referred to as Authority), under the above Rules, received a written application from M/s National Organic Chemical Industries Limited (NOCIL) (hereinafter referred to as NOCIL) on behalf of domestic industry, alleging dumping of Isopropyl Alcohol (hereinafter referred to as subject goods) originating in or exported from Singapore, USA, European Union and China(hereinafter referred to as subject countries);
  2. The Authority on the basis of sufficient evidence submitted by the petitioner decided to initiate the investigation against imports of subject goods from the subject countries.. The authority notified the Embassies/representatives of subject countries in India about the receipt of dumping allegation before proceeding to initiate the investigation in accordance with sub-Rule 5(5) of the Rules;
  3. The Authority issued a public notice dated 21.11.2001 published in the Gazette of India, Extraordinary, initiating Anti-Dumping investigations concerning imports of the subject goods classified under custom Code 2905.12 of Customs Tariff (Amendment) Act, 1995 originating in or exported from subject countries;
  4. The Authority forwarded a copy of the public notice to the known exporters (whose details were made available by petitioner) and gave them an opportunity to make their views known in writing within forty days from the date of the letter in accordance with the Rule 6(2);
  5. The Authority forwarded a copy of the public notice to all the known importers of subject goods and advised them to make their views known in writing within forty days from the date of issue of the letter in accordance with the Rule 6(2);
  6. Request was made to the Central Board of Excise and Customs (CBEC) to provide details of imports of subject goods for the past three years, including the period of investigation;
  7. The Authority provided a copy of the petition to the known exporters and the Embassies of the subject countries in accordance with Rules 6(3) supra:.
  8. The Authority sent a questionnaire to elicit relevant information to the following known exporters/producers in accordance with the Rule 6(4):
  1. M/s Deutsche Exxon Chemical GmbH, Cologne, Germany
  2. M/s Shell Chemicals Ltd., London, UK
  3. M/s Diamchem France sral, Roneq, France
  4. M/s SASOL Limited, Houston Texas, USA
  5. M/s Condea Chemica D.A.C. S.P.A., Lodi, Italy
  6. M/s ICC Chemicals(U.K.) Ltd., Hertfordshire, UK
  7. M/s Lee Chang Yung Chemical Ind. Corp., Shanghai, China
  8. M/s Exxon Chemical Company, Houston, USA
  9. M/s Shell Nederland Chemie BV, Rotterdam, The Netherlands
  10. M/s Shell Chemicals, Elemenceau Avenue, Singapore

The information was filed by the following exporters:-

  1. M/s ExxonMobil Chemical Central Europe Gmbh
  2. M/s ExxonMobil Chemical International Services Ltd., Hong Kong as representative of M/s ExxonMobil Chemical Corporation, , USA
  3. M/s ExxonMobil Chemical International Services Ltd., Singapore
  4. M/s Shell Nederland Chemie B.V., Nederlands
  5. M/s Shell Chemicals South East Asia
  6. M/s Shell Eastern Chemicals, Singapore
  7. M/s Shell Chemicals Ltd., London
  8. M/s Sasol Germany GmbH

ix) The Embassies of the subject countries in New Delhi were informed about the initiation of the investigation in accordance with Rule 6(2) with a request to advise all concerned exporters/producers from their country to respond to the questionnaire within the prescribed time. A copy of the letter, petition and questionnaire sent to the known exporter was also sent to the Embassies of the subject countries along with a list of known exporter/producer;

x) A questionnaire was sent to the following importers of subject goods for necessary information in accordance with rule 6(4);

  1. M/s Alkyl Amines Chemicals Ltd. Vashi, Mumbai
  2. M/s Aarti Drugs Ltd., Sion(East), Mumbai
  3. M/s Coates of India Ltd., Chandivii Farm, Mumbai
  4. M/s Fiolex Essex, Ponda, goa
  5. M/s Lubrizol India Ltd., Old Prabhadevi Road, Mumbai
  6. M/s IPCA Laboratories Ltd., Kandivilli(West), Mumbai
  7. M/s Korpan Drugs Ltd., Worli, Mumbai
  8. M/s Themis Chemicals Ltd., Goregaon(West), Mumbai
  9. M/s Goodlass Nerolac Paints Ltd., Lower Parel, Mumbai
  10. M/s Hindustan Insecticides Limited, Lodhi Road, New Delhi
  11. M/s Ranbaxy Laboratories Ltd., Nehru Place, New Delhi
  12. M/s ICI: Nitrocellulose Business, Gurgaon
  13. M/s Aurobindo Pharma Ltd., Ameerpet, Hyderabad
  14. M/s Cheminor Drugs Ltd., Ameerpet, Hyderabad
  15. Dr. Reddy’s Laboratories, Ameerpet, Hyderabad
  16. M/s Prabhu Inks: Memur Bungalow, Podanur
  17. M/s Sudarshan Drugs Ltd., Film Nagar, Hyderabad
  18. M/s Shasun Chemicals & Drugs Ltd., T. Nagar, Chennai

The Submissions/information were filed by the following importers:-

  1. M/s Lubrizol India Pvt. Ltd., Mumbai
  2. M/s Shasun Chemicals & Drugs Ltd., Chennai
  3. M/s Pon Pure Chem(P) Ltd., Chennai
  4. M/s Alkyl Amines Chemicals Ltd., Vashi, Mumbai
  5. M/s Nester Pharmaceuticals Ltd., New Delhi

(xi) Preliminary findings recommending imposition of Anti Dumping Duties were issued on 5.2.2002 by the Designated Authority and provisional Anti Dumping Duties were levied by Department of Revenue vide Customs Notification dated 22.2.2002.

(xii) Oral hearing as per Rule 6(6) was held by the Designated Authority on 15.4.2002.

(xiii) In the meantime vide letter dated 11th July, 2002, M/s NOCIL has withdrawn the petition and has requested for termination of the investigation.

2. CONCLUSIONS:

The Authority notes that the rules 14(a) of the Anti Dumping Rules reads as follows:-

"The Designated Authority shall, by issue of a public notice, terminate an investigation immediately if-

  1. 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".

The Authority therefore decides to terminate the investigation in view of the petitioner’s written request and the subrule 14(a) of the anti dumping rules. In view of the foregoing paras, the Designated Authority, therefore, does not consider it appropriate to further examine the information and views relating to dumping, like articles, Domestic Industry, injury and causal link etc. filed by various interested parties viz. exporters, importers and the petitioner.

(L.V. Saptharishi)
DESIGNATED AUTHORITY

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