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2017 (11) TMI 621 - AT - CustomsADD - faulty initiation of Anti-Dumping investigation - import of various jute products from Bangladesh or Nepal - case of appellant is that Rule 5 of AD Rules has not been strictly followed by the DA. It is submitted that Rule 5 (3) mandates that unless the DA determines that the application has been made by or on behalf of DI and accuracy and adequacy of the evidence provided in the application satisfies regarding dumping, injury and causal link between dumped imports and alleged injury no investigation can be initiated. Held that: - The term “jute products” comprises of more than one article and the DA has fallen in error in identifying three different products and clubbing them under the category of jute products. We, on careful examination of the facts of the case, note that the only source of these products is raw jute. There is no substantial transformation in the formation of jute yarn/twine to fabric or sacks. In our considered opinion the definition of “like article” under Rule 2 (d) of AD Rules, 1995 rightly covers the determination as done by the DA. The products under consideration need not be identical or homogenous with each other - there is no infirmity in defining the scope of product under consideration in the present investigation. It is not tenable to have a separate investigation for jute yarn, fabric and bag. Such type of action, apart from being impractical, will result in certain anomalous results as these products are closely interlinked in trade and usage. As such, to consider them together as jute products for the purpose of Anti-Dumping investigation is proper and justified. In any case, we note that the conclusion arrived at by the DA in the final finding specified different description of goods like yarn, bag, fabric and recommended different duty rates for imposition with justified reasons. Accordingly, we find no merit in the submissions of the appellants against the process adopted by the DA. Regarding the submission of the appellants that the DI is importing jute products we note that the DA examined the scope of DI and acted within his discretion in terms of Rule 2 (b) of the AD Rules. Even if some of the entities in DI were importing or related to importers of jute products, the DA is not prevented in considering those entities in DI while arriving at the overall scope of DI. The DA also examined this aspect and recorded his finding at paras 38, 40 and 45. It is specifically recorded that the imports made in investigation period alone are relevant. In cases where domestic producer has bought jute from a trader who procured the same from Bangladesh or Nepal, such procurement by the producer does not disqualify them from being treated as DI. We find that the DA has examined at length the submissions of all the interested parties including the DI and proceeded as per the mandates of AD Rules, 1995. As noted already, we can examine only specific areas which are contested with contrary facts. In the absence of the same, we find that the detailed findings based on the established procedure cannot be interfered with. Accordingly, we are of the considered view that there is no merit in the present appeal by the DI also. Appeal dismissed - decided against appellant.
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