Home Case Index All Cases Customs Customs + AT Customs - 2017 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (1) TMI 345 - AT - CustomsImposition of ADD - Purified Terephthalic Acid - import from China PR, Iran, Indonesia, Malaysia and Taiwan - wrongful exclusion of Reliance Industries Ltd. (RIL) from the purview of domestic industry - principles of natural justice - Held that: - 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 BIER - Held that: - MCPI suffered technical problems in their plant but that is not the only cause of injury. The DA found that the imports had adversely affected the profits, cash flow, return on investment of MCPI. The injury of domestic industry has been properly analysed and we find no reason to disagree with the DA on this account. 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. 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. This has been clearly recorded in para 155 (vi) of the Final Findings by the DA. As such, we find no ground to sustain the plea of the appellant regarding violation of principles of natural justice. Separate analysis and investigation for Malaysia and other subject countries - Held that: - injury on account of dumping of the subject goods from various countries is to be determined in respect of the domestic industry only. As already noted, 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. Appeal rejected - decided against appellant.
|