The Centre has moved the Supreme Court challenging the appellate tribunal's order quashing its decision to impose anti-dumping duty on certain categories of acyclic alcohols.
A bench headed by Justice S H Kapadia recently issued notice to importers - Lubrizon (India) Pvt Ltd, Indian Plasticizers Manufacturers Association, South Africa-based Sasol Chemical India - seeking an explanation why anti-dumping duty should not be imposed on them.
The Customs, Excise and Service Tax Appellate Tribunal had ruled that the anti-dumping duty can be imposed only on identified goods and not on goods that resemble them.
The Ministry of Commerce and Industry had imposed anti-dumping duty on 'like articles' of acyclic alcohols -- goods that resembled acyclic alcohols (Oxo Alcohols - Normal butanol, 2-Ethyl Hexanol, Iso Butanol, Sabutol and Octanol).
According to the ministry, these alcohols were being imported at rates below their normal value and the domestic industry was suffering losses due to these dumped exports from Singapore, Brazil, Romania, Malaysia and South Africa.
If the characteristics of two articles being imported are similar or closely resemble each other, they can be treated as like articles for the purpose of imposing anti-dumping duty, the petition filed through counsel V K Verma stated.
Additional Solicitor General Mohan Parasaran contended that the tribunal should have taken into consideration that 'like article' was to be determined by factors like commercial and technical suitability, use, resemblance of physical and chemical properties, etc.