9911796707
TMI Blog2001 (4) TMI 116X X X X Extracts X X X X X X X X Extracts X X X X ..... 75 originating in or exported from Poland, South Korea, Indonesia, Saudi Arabia, Russia, Iran, USA and European Union. Appellants herein are manufacturer, exporter, importer and domestic industry. Since the issues raised in these appeals arise out of the same notification, we consider it advantageous to take up all the appeals together and dispose of the same by a common order. 2. Appellant in appeal No. C/412/2000 manufactures and exports to India 2 EHA out of the ten Oxo Alcohols, which were investigated by the Designated Authority. They had no domestic sale in their country, but they made available all required details relating to the cost of production. They fully cooperated with the investigation taken up by the Designated Authority. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in that notification were :- (1) 2-Ethyl Hexanol (also known as 2-EHA) (2) Normal Butanol (also known as NBA) (3) Iso Butanol (also known as IBA) (4) Iso Octanol (5) Iso Decanol (6) Normal Hexanol (7) Heptanol (Iso Heptanol and Normal Heptanol) (8) Nonanol (Iso Nonanol and Normal Nonanol) (9) Tri Decanol (10) Propyl Heptanol Pur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . According to the learned counsel representing the appellant, the appellant exported Oxo Alcohol to India on three occasions. They were on 1st July, 1998, 20th August, 1998 and 12th November 1998. Export price of the consignment sent on 1st July was compared with normal value assessed on the cost of production in the month of May, because the indent for the consignment was placed in May, 1998. The cost of production in the month of May, it is alleged, could not be the basis for finding out the normal value, because the goods manufactured were being simultaneously exported to other countries. The goods that were despatched to India on 1st July, 1998 were manufactured towards the end of June, 1998 and so cost of production during the month o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ignated Authority and the Central Government has not succeeded in showing any legal basis for finding out the normal value with reference to the date of indent. In the absence of such a legal provision, we are clear in our mind that the Designated Authority was not justified in comparing the export price with normal value assessed on the dates on which orders were placed for the said consignments. 7. Clause (iv) of Paragraph 6 of the Anti-dumping Rules, inter alia, states that the existence of margin of dumping during the investigation phase shall normally be established on the basis of a comparison of a weighted average normal value and export prices. The Designated Authority did not resort to such a course in finding out the dumping marg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se are used to manufacture substitute each other and hence exclusion of one from anti-dumping duty investigation will have an impact on the usage of others." From this it is clear that the Designated Authority has not come to the conclusion that Normal Hexanol and other Oxo Alcohols are interchangeable or can substitute each other. The Designated Authority has not come to the conclusion that Normal Hexanol has characteristics closely resembling those of the other articles under investigation. What the Authority found is that the products manufactured by use of Normal Hexanol can substitute the products manufactured by other Oxo Alcohols. Even if the products manufactured using these two types of alcohols are interchangeable, they cannot be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mal Hexanol imported into India is only to be vacated and we do so. 10.The question that remains to be considered in appeal C/407/2000 is whether the Designated Authority was justified in excluding Nonanol from the investigation. According to learned counsel representing this appellant, the domestic industry. Nonanol is a "like article" compared to the other alcohols under investigation and so the Designated Authority should have treated it as a "like article" and anti-dumping duty imposed after finding out the dumping margin. Chemical formula of Nonanol is C9OH. This alcohol can be used for producing plasticizer called DNP, DINP (Dinonyl Phthalate/Di Iso Nonyl Phthalate). This type of plasticizer is not shown in the literature to be simil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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