2006 (3) TMI 456 - AT - Customs

Summary

Issues:
Challenge against Notification imposing anti-dumping duty on Float Glass from China and Indonesia.

Analysis:
1. The Designated Authority initiated anti-dumping proceedings on Float Glass under Customs Tariff Act based on petition by All India Float Glass Manufacturers' Association.
2. The Designated Authority recommended imposition of Anti-dumping duty on provisional basis, which was later finalized and notified.
3. Appellants challenged the notification on various grounds including accuracy of import data, non-confidential summary, discriminatory disclosure statement, material injury determination, and retrospective levy of duty.
4. Respondents argued that all issues were considered by the Designated Authority after evaluating information provided by exporters.
5. Appellants' contentions were examined, and it was found that the Designated Authority had received responses from exporters and established the accuracy of import data.
6. The Designated Authority's findings were based on information provided by exporters and domestic industry, and the appellants' non-participation in proceedings limited their ability to challenge the findings.
7. The Designated Authority's determination of injury and causal link was supported by various parameters indicating injury to the domestic industry due to dumped imports.
8. The Authority concluded that the injury was caused by price undercutting and underselling by dumped imports from subject countries.
9. Appellants failed to produce evidence to counter the Authority's findings, leading to dismissal of their contentions.
10. The issue of levying anti-dumping duty without provisional duty was settled in a previous case, supporting the Authority's decision.
11. The Tribunal agreed with the Designated Authority's reasoning and findings, finding no flaws in the final decision and dismissing all appeals.