TMI Blog2001 (4) TMI 116X X X X Extracts X X X X X X X X Extracts X X X X ..... rted 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. Normal value of their pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Pursuant to the notification, manufacturer exporters and importers filed their evidence. Based on the said evidence produced by the parties, Designated Authority published a Preliminary Finding in the Gazette, dated 3rd December, 1999. As per that notification, the Designated Authority decided to restrict the investigation to Normal Butanol, Iso Butan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent 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 of May had no relevance. Likewise for finding out whether the goods consigned during the months of August and November, 1998 were dumped, the margin of dumping should have been found out after assessing the normal value based on the cost of its production. Dates of actual production of those consignments were alone relevant for finding out normal v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 margin in relation to the goods exported by M/s. SAMAD. Learned counsel representing the appellant filed statement showing the comparison of weighted average normal value to weighted average export prices. The correctness of that statement has been conceded by the experts representing the Designated Authority who were present before this Tribunal and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 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 treated as "like article" in the absence of a finding that they themselves have characteristics closely resembling each other. This is so because of the definition of "like articles" in the Rules. 9. Sufficient literature has not been placed before us on behalf of the domestic industry or by the Designated Authority to support the stand tak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pared 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 similar to other type of plasticizers obtained from Oxo Alcohol which were the articles under investigation. The Designated Authority has also not come to the conclusion that Nonanol has any charateristic similar to the articles under investigation. In such a situation, we are not in a position to agree with the learned counsel that Nonanol is an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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