Home Case Index All Cases Customs Customs + AT Customs - 2017 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (11) TMI 1191 - AT - CustomsADD - fixation of separate rate of AD duty - Linear Alkyl Benzene (LAB) - import from China PR, Iran and Qatar - The main thrust of the argument by these appellants is that the DA did not obtain complete details of full value chain in transactions. The investigation is not proper as individual dumping margin could not have been arrived at in the absence of full transaction details and consequently the weighted average could not be arrived at properly. Held that: - where the trader/exporter fails to provide requisite sales information and if the sales by such trader/exporter is insignificant when compared to cooperative exporting/trading channels, then the DA can recommend individual duty rate for the participating trading channels which comprise the bulk of sales to India. We note in a situation where a producer sold the goods through multiple trading channel and one or more trading channel did not participate in the investigation, the DA can proceed to determine the need for fixing individual anti dumping rates based on the data provided by cooperating trading channels. We note such practice has indeed been followed regularly by the DA in various investigations - appeal dismissed. Regarding delay in initiation of investigation it is clear that the DA found it appropriate to call for updated information from the petitioners for the period of investigation chosen for the case and thereafter issued the questionnaire with updated data. Sufficient time of 40 days was given to all the interested parties to filed questionnaire response and to provide other information to defend their interest. It is clear that the DA ensured that all interested parties get adequate opportunity to defend their interest. The DA is required to examine injury in both the parameters of volume and price. It is clearly recorded that all parameters of injury need not show deterioration. It is the cumulative assessment of effect of such imports which is appropriate to determine the injury. In this regard both volume effect and price effect of imports have been dealt with elaborately by the DA - The volume and price of imports from third countries, developments in technology, export performance of the DI and productivity of the DI has been examined by the DA. It is apparent that decline in profits, cash profits and return on capital employed for the DI, is so high that the said decline cannot be attributed to decline in productivity. As such, we find no merit in the contention of the appellant in this regard. Regarding difference in molecular weight between the imported and domestic LAB, it is recorded that the difference in weight of molecular is a result of difference in raw materials or processes. Apparently this has no impact on injury analysis. Appeal dismissed - decided against appellant.
|