Initiation of a midterm review investigation limited to change of name of producer/exporter from Singapore regarding anti-dumping duty imposed on specified products from mentioned countries- (Ministry of Commerce and Industry) (18 Sep 2023)

MANU/COMM/0135/2023

Commercial

1. An application for change of name has been filed by INEOS Phenols Singapore Pte Ltd. (herein after referred to as "applicant"). The applicant is a foreign producer/exporter of the product under consideration and the company is incorporated in Singapore, under the statutes of the Republic of Singapore, Companies Act 1967.

2. The applicant has requested for amendment in the final findings which was issued vide Notification No. 7/26/2018-DGAD dated 5th March 2019 recommending definitive anti-dumping duty on the imports of "Acetone" originating in or exported from European Union, Singapore, South Africa and United States of America (hereinafter also referred to as the "subject countries"), and Customs Notification No. 14/2019-Cus (ADD), dated 25 March 2019 wherein the Central Government had imposed definitive anti-dumping duty on the imports of the subject goods originating in or exported from the subject countries.

A. Background

3. Whereas having regard to the Customs Tariff Act, 1975, as amended in 1995 and thereafter (hereinafter also referred to as the Act) and the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, as amended from time to time (hereinafter also referred to as the Rules), the Designated Authority (hereinafter also referred to as the Authority) had issued its final findings vide Notification No. No. 7/26/2018-DGAD dated 5 March 2019 recommending definitive anti-dumping duty on the imports of "Acetone" originating in or exported from European Union, Singapore, South Africa and United States of America.

4. And whereas the Central Government, vide Customs Notification No. 14/2019-Cus (ADD), dated 25 March 2019, had imposed definitive anti-dumping duty on the imports of the subject goods originating in or exported from the subject countries.

B. Product under consideration

5. The product under consideration (PUC) in the present investigation is "Acetone" originating in or exported from European Union, Singapore, South Africa and United States of America. The product under consideration in the application is the same as the previous investigation, i.e., final findings issued vide Notification No. 7/26/2018- DGAD dated 5th March 2019, which defined the PUC as follows-

"The product under consideration is 'Acetone'. Acetone is organic chemical also known as Dimethyl Ketone and used in the manufacture of bulk pharmaceuticals, agro chemicals, dye stuffs, certain explosives, and downstream chemicals. Acetone is classified under Chapter 29 of Custom Tariff Act under the sub-heading 29141100.

It is a basic organic chemical produced in single grade. It is a colourless liquid with an agreeable ether-like odour. It is used in numerous organic synthesis either as solvent or as an intermediate. It is used in manufacture of bulk pharmaceuticals, agrochemicals, dyestuffs, certain explosives and downstream chemicals. Acetone is specifically used in manufacture of Isophorone, Diacetone, Alcohol, Methyl Methacrylate and Bishphenol A. Besides this, it is used in manufacture of certain rubber chemicals or Oxy Acethylene Cellulose Acetate."

6. The product under consideration for this investigation is unchanged.

C. Country Involved

7. The country involved in the present review investigation is Singapore (also referred to as the "subject country").

D. Grounds for Name Change

8. In the final findings as well as the relevant Customs Notification of the original investigation, the anti-dumping duty has been imposed on the producer Mitsui Phenols Singapore Pte Ltd (56.91 US$ per MT).

9. INEOS Phenols Singapore Pte Ltd. has filed a name change application stating that the acquisition of shares of Mitsui Phenols Singapore Pte Ltd by INEOS Holdings Limited from its existing shareholders has resulted in a name change. In their application, the applicant has provided the following evidence and documents to establish the name change:

a. The director's resolution of the Board of Mitsui Phenols Singapore Pte Ltd, authorizing the acquisition and providing further details thereof.

b. The updated business profile of the Company as provided by the Accounting and Corporate Regulatory Authority of Singapore, reflecting the change in name.

c. The constitution of INEOS Phenols Singapore Pte Ltd., including the certificate confirming incorporation of the company with the new name by the Accounting and Corporate Regulatory Authority of Singapore

d. Updated certificate of registration of the plant as per the Workplace Safety and Health (Major Hazard Installations) Regulations 2017.

e. Press releases containing details of the acquisition and name change.

10. It has been claimed that there has not been any creation of a new entity. Accordingly, INEOS Phenols Singapore Pte Ltd claimed that their exports should be subject to the same duty as recommended and imposed for Mitsui Phenols Singapore Pte Ltd. INEOS Phenols Singapore Pte Ltd has further requested for amendment in the duty table in the final findings and corresponding customs notification.

E. Initiation

11. The Customs Tariff Act, and the Anti-dumping Rules made thereunder, requires the Authority to review from time to time the need for continuance of anti-dumping duties.

12. Having regard to the information provided by the applicant indicating request for name change following acquisition of shares of Mitsui Phenols Singapore Pte Ltd by INEOS Holdings Limited, the Designated Authority now considers it appropriate to conduct a Mid Term Review of the Final Findings notified vide Notification No. vide Notification No. No. 7/26/2018-DGAD dated 5 March 2019 and the definitive anti- dumping duty imposed vide Customs Notification No. 14/2019-Cus (ADD), dated 25 March 2019, in terms of the provisions of Section 9A (5) of Customs Tariff (Amendment) Act 1995 read with Rule 23 of the anti- dumping Rules supra. The present review is limited to the aspect of name change claimed by M/s INEOS Phenols Singapore Pte Ltd. with regard to the Final Findings Notification No. 7/26/2018-DGAD dated 5th March 2019 and Customs Notification No. 14/2019-Cus (ADD) dated 25th March 2019.

F. Period of Investigation

13. Since the present review investigation is restricted to only change of name, the Authority considers that the period of investigation is not relevant.

G. Procedure

14. Principles as given in Rule 6 of the Rules will be followed in the present investigation.

Tags : INITIATION MIDTERM REVIEW INVESTIGATION