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2017 (1) TMI 136 - CESTAT NEW DELHIImposition of ADD - Purified Terephthalic Acid - import from China PR, Iran, Indonesia, Malaysia and Taiwan - exclusion of RIL from the purview of the domestic industry - Held that: - RIL had disclosed that they are related to the company in Malaysia, who is the sole producer of the subject goods in that country - the related company of RIL, located in Malaysia, is exporting substantial quantity to India. We find that the DA s findings on this ground cannot be assailed. Correctness of considering MCPI as a domestic industry for injury analysis in view of the fact that the said unit is sick and is under BIFR - Held that: - MCPI has not imported the product under consideration in India during the relevant period from any of the exporters, who were related to them. The injury of domestic industry has been properly analysed and we find no reason to disagree with the DA on this account. Cumulative assessment is proper subject to fulfillment of certain conditions. The dumping margin in the case of China is 20 to 30% and the quantum of export is above 3%. The subject goods imported from China are in direct competition with the like articles made in India. As such, the conditions for commutations are met. Violation of principles of natural justice - Held that: - though originally the IOCL was only supporting the petitions filed by the other domestic industry, later they have provided some data regarding production, sales and profitability of subject goods during the POI, on confidential basis. We note that the DA has not considered the said data for injury analysis and investigation - no ground to sustain the plea of the appellant regarding violation of principles of natural justice. RIL has been disqualified as an eligible domestic industry for the reason of their related company situated in Malaysia producing and exporting the subject goods to India. We find no justification on legal basis for a separate investigation with reference to Malaysia and other countries. ADD rightly imposed - appeal rejected - decided against appellant.
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