Home Case Index All Cases Customs Customs + AT Customs - 2018 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (3) TMI 779 - AT - CustomsImposition of ADD - Styrene Butadiene Rubber (SBR) of 1500 series and 1700 series - import from EU, Korea RP or Thailand - whether or not the DA has erred in examining the scope of DI and in analyzing the injury to the DI as claimed by the submissions made by the appellants? - Held that: - In the present case, we have two units constituting DI and both are admittedly in a very nascent stage of viable commercial production and stable operation. This much has been admitted by all the parties as the same cannot be contested on facts. In such a situation, if the DA is called upon to examine the possibility of existence of dumping causing injury to domestic industry, it is not incorrect on the part of DA to examine the status of these two new industries, though in different stages of commercial production in time line. Admittedly, both are engaged in the manufacture of the impugned goods which were being imported by users in India. It is clear that while examining the impact of such imports on these DI, the DA has to apply specific economic criteria for a due conclusion. The DA, noting that the production, domestic sales and capacity utilization of DI had increased as these units commenced their production and accordingly there was an upward trend in domestic production and sales also recorded that the upward trend is not significant which can be construed as growth of DI. These three appellants have not made out any case against the final finding and the customs notification imposing AD duty on the impugned goods - appeals dismissed.
|