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2018 (3) TMI 655 - AT - CustomsImposition of ADD - Castings for Wind Operated Electricity Generators (PUC) - Import from China PR - These appeals mainly agitated on the scope of PUC and DI as well as contesting the imposition of AD duty alleging no injury to the DI - Held that: - All castings, whether or not machined, in raw, finished or sub-assembled form, or as a part of sub-assembly, or a part of an equipment/ component, meant for wind operated electricity generators are covered in the present investigation - there could be no ambiguity or possibility of confusion in understanding the scope of PUC covered in the AD investigation. Scope of the DI - locus of M/s Bradken India Pvt. Ltd. to be considered as DI - Held that:- Since, the investigation is restricted to the PUC, we are not concerned with the stature and size of L&T or Bradken India Pvt. Ltd. This has nothing to do with the examination of relevant economic parameters by the DA. Such economic parameters are examined only with reference to manufacture of PUC by L&T/ Bradken India Pvt. Ltd. The other activities and business of L&T has no bearing to the present investigation. After detailed analysis of demand, import volume, market share, price effect of imported goods, price undercutting/under selling/ price suppression/depression and also the economic parameters of DI, the DA arrived at his conclusion regarding existence of dumping and its consequence on the DI causing injury. In fact, the DI had suffered substantial loss during the material period and there were negative return on capital employed. This is clear from the analysis of the DA at para 108 of the final finding. The DI suffered losses throughout the injury period though some cash profits were made during 2013-2014 and POI. While upholding the imposition of AD duty as per the final finding, we direct the DA to examine, afresh, the factual claims made by the DI on this aspect. After due examination, the DA may issue his finding on this aspect. In case based on the factual input, the margin of dumping and thereby the injury parameters vary then the AD duty shall accordingly be fixed by the DA. The appeals filed by Indian importer and Chinese Exporters were dismissed.
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