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2017 (4) TMI 545 - AT - CustomsLevy of anti dumping duty on low ash metallurgical coke when imported from specified countries. - Challenge to the Customs Notification dated 25/11/2016 - The appellants strongly contested that there is no injury to domestic industry due to import of subject goods from the specified countries. The loss or injury, if any, to the domestic industry is not relatable to import of subject goods but are due to other reasons. Held that:- The import from subject countries has increased significantly and the market share of domestic sales has actually come down, in spite of increase in total demand. The magnitude of dumping has been examined by the DA. On the causal link, the point raised by the appellant, like high inland freight cost and poor performance of DI due to other factors, due consideration was given by the DA in his investigation. The DA also specifically taken note of the imports made by Gujarat NRE from related party and their financial performance. It was noted that Gujarat NRE stopped buying coal from Australia in October 2013. Hence, there is no basis in the submission, that the losses are because of high coal prices, when importing from relating party. Each one of the point raised by the appellants have been dealt with adequately on legal and factual basis by the DA. - Levy of ADD upheld - Decided against the appellant.
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