2018 (8) TMI 1973

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....22/2016-DGAD dated 05.03.2018 issued by the Respondent No.2 rejecting the application dated 18.10.2016 and 02.12.2016 submitted by the petitioner for initiation of investigation to determine antidumping in respect of import of Acyclic alcohols i.e., ISO Nonanol (INA) having Carbon No.9 from European Union and Singapore 2-Propylheptyl alcohol (2-PH) having Carbon No.10 from European Union as is ex facie illegal, arbitrary, and contrary to the provisions of Customs Tariff Act, 1975 and Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Article and for Determination of Injury) Rules 1995 besides violative of the petitioner's rights guaranteed under Article 14 and 19(1)(g) of the Constitution of India and c....

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....ted 07.06.2017 observing that 'based on the detailed examination of the request as per the Rules, the authority does not find it appropriate to initiate anti-dumping investigation concerning imports of products not being produced by the petitioner. However, the domestic industry, if so desire, may file fresh application concerning imports of 2-Ethyl Hexanol (2-EH) from any country against which duty is not in place if imports from such countries are dumped causing injury to the domestic industry'. Challenging the said office memorandum, the petitioner filed W.P.No.25988 of 2017. A Division Bench of this Court allowed the said writ petition by order dated 09.02.2018 directing the second respondent to consider the applications dated 18.10.201....

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....ed application for all the aforestated products, the second respondent rejected the request of the petitioner. The letters produced by the petitioner to show that 2-EH, INA and 2-PH are 'like articles', were not issued by any independent/recognised agency/source and hence they could not be considered. It is further stated that though several opportunities were given to the petitioner seeking clarifications as to how the acyclic alcohols i.e., 2-EH, INA and 2-PH are 'like articles' when it does not produce INA and 2-PH, it did not submit any clarification, but filed combined application for imposition of anti-dumping duty for all three products. 7. In spite of specific direction of this Court in W.P.No.25988 of 2017 dated 09.02.2018, the se....

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....ective output of the said article constitutes a major proportion of the total domestic production of that article except when such producers are related to the exporters or importers of the alleged dumped article or are themselves importers thereof in which case such term 'domestic industry' may be construed as referring to the rest of the producers: Provided that in exceptional circumstances referred to in sub-rule (3) of Rule 11, the domestic industry in relation to the article in question shall be deemed to comprise two or more competitive markets and the producers within each of such market a separate industry, if - (i) the producers within such a market sell all or almost all of their production of the article in question in that m....