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2018 (3) TMI 1395 - AT - CustomsImposition of Anti Dumping Duty - new/unused pneumatic radial tyres with or without tubes and/or flap of rubber (including tubeless tyres) having normal rim dia code above 16 , used in buses and lorries/trucks - import from China PR - Held that - the demand for the subject goods was showing raising trend. The imports from subject country increased by 12 times between 2012-2013 and POI. The market share of DI had in fact declined during the material period. The DA has clearly recorded that there is a significant price gap between domestic and imported product which led to the consumers increasingly switching over to imported Chinese products. It is clear that the dumped imports resulted in sale of imported goods below the cost of sale of DI. The conclusion of the DA regarding causal link between dumped imports and the injury to the DI are categorical. The imports of subject goods have increased in absolute terms over the entire period of investigation. These imports were under-cutting the prices of DI. The price under- cutting caused by the dumped imports resulted in increase in market share of imports and decline in market share of DI. For the injury analysis, the DA had examined all the mandatory parameters prescribed under the law. There is no need for segment wise analysis for OEM and replacement market. The categorical conclusion that dumped imports had caused material injury to the DI cannot be contested either in law or on fact. The imposition of AD duty on the subject goods are to be sustained - appeal dismissed.
Issues Involved:
Appeal against imposition of Anti Dumping Duty on pneumatic radial tyres originating from China. Condonation of delay in filing appeal. Analysis of economic factors for existence of dumping and injury. Compliance with AD Rules in investigation. Causal link between dumping and injury. Comparison with previous Tribunal decisions. Threat of injury examination. Detailed Analysis: Condonation of Delay: - ATMA filed a miscellaneous application for condonation of delay in filing the appeal, which was allowed by the Tribunal after considering the reasons mentioned in the application. Initiation of Anti Dumping Investigation: - ATMA filed an application for anti-dumping investigation on imports of subject goods from China. - DA issued Initiation Notification and followed the procedure as per Customs Tariff Rules. - Final findings recommended imposition of AD duty, accepted by Finance Ministry. Analysis of Economic Factors: - Counsel for first appellant argued DA failed in proper analysis of relevant economic factors. - Only 4 out of 15 parameters indicated injury, while others showed positive results. - Previous Tribunal decision cited to support lack of material injury to domestic industry. - Improved financial position and performance of domestic industry highlighted. Opposition to Appeal: - Counsel for DI opposed appeal, labeling appellant as non-cooperative. - Correct application of AD Rules by DA emphasized. - Significant price under-cutting and increase in imports noted. - Causal link between dumped imports and injury to domestic industry highlighted. Compliance with AD Rules: - Counsel for DA supported DA's findings, presented confidential version for perusal. - Specific attention drawn to key findings in the investigation report. Threat of Injury Examination: - DA's examination of threat of injury deemed sufficient by Tribunal. - No further grounds for appeal if material injury upheld. Final Decision: - Tribunal dismissed appeal by Chinese exporter against imposition of AD duty. - Appeal by ATMA also dismissed, as threat of injury examination found adequate. - Both appeals against final finding and customs notification were ultimately dismissed. This comprehensive analysis covers the issues involved in the legal judgment regarding the imposition of Anti Dumping Duty on pneumatic radial tyres from China, including the arguments presented by the parties, compliance with AD Rules, and the Tribunal's final decision on the appeals.
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