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2016 (10) TMI 443 - AT - CustomsImposition of Anti Dumping Duty - Methylene Chloride - imported from E.U., USA and Korea RP - Notification No. 24/2014-Cus. (ADD) dated 21.05.2014 of Ministry of Finance - costing of subject product in the DI - by-product or joint product? - chloroform and carbon tetrachloride (CTC) which is co-produced alongwith the subject goods should have been treated as a co-product and not as a by-product - Held that: - simultaneous emergence of a product does not make it a joint product or a co-product for cost accounting purposes. For this, one has to consider the economic importance of various co-produced products. CTC contributes only 5% of sales realisation when compare to the other two main products which contribute 50% and 45% in sales realisation. Any legal provision or specific cost accounting standards could not be pointed out applying to the relevant time to treat the CTC as a joint product. The CTC is a hazardous product governed by Montreal Protocol for strict control of manufacture and further usage. ADD rightly imposed - appeal rejected - decided against appellant.
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