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2017 (12) TMI 1113 - AT - CustomsADD - Hydrogen Peroxide - Import from Bangladesh, Taiwan, Korea RP, Indonesia, Pakistan and Thailand - methodology adopted for determining the injury and dumping margin - it was alleged that the subject goods have been exported to India from subject countries (other than Indonesia) below its normal value; the Domestic Industry has suffered material injury; and the injury has been caused by the dumped imports from subject countries - Held that: - the appellant is a non-cooperative exporter. Rule 6 (8) of the AD Rules provides for the Designated Authority to record its finding on the basis of facts available to it and make such recommendations to the Central Government as it deemed fit under such circumstances. NPL is a joint venture of M/s Bombay Dyeing and Manufacturing Company Limited and M/s Solvay SA which holds about 25.10% shares in NPL. The claim of the appellant is that Solvay SA is related to the DI in terms of explanation (ii) of Rule 2 (b) of AD Rules - It is clear that the DA on careful consideration arrived at the conclusion that NPL was not to be considered as a related company of Solvay. It was further recorded that the provision of Companies Act or provision relating to special resolutions are not relevant for the present investigation. We are in agreement with the findings recorded by the DA. DA is well within his powers to consider the scope of DI who were importing or related to the exporters of subject goods. There is no legal sanction against considering such DI in the investigation. Sickness and mis-management of DI - Held that: - there is no bar in consideration of a sick unit as a DI. There is no evidence to support the contention of the appellants that the sickness or the deterioration of DI is caused by factors other than import of subject goods. The impact of import on the DI has been elaborately discussed by the DA on all aspects and we are not inclined to interfere with such findings in the absence of any specific contra evidence. The grievance of the appellant (NPL) as a DI on the calculation of net return/ adjusted return as made by the DA requires re-examination. The learned Counsel for the DA also admitted that there has been no past instance of such second adjustment while arriving at the return on capital employed - the matter has to go back to the DA for a limited purpose of verifying the correctness of the return on investment as arrived at by the DA based on optimum production of 15 months and again by adjustment in the net return. There is no merit in the appeals filed by the exporters against the levy of anti dumping duty on the subject goods and the appeal filed by HOCL against the final finding - Appeal dismissed.
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