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2005 (7) TMI 132 - AT - CustomsAnti-dumping duty on imports of Poly-Iso-Butene (PIB) - Appeal against imposition - determination of existence of injury and its causal link with the dumped imports - HELD THAT:- It is evident from the impugned final findings, the Designated Authority was fully conscious of all the relevant principles and factors, required to be considered under Rule 11 and Annexure II to the rules for injury determination and the causal link and the determination had been made on the basis of the relevant parameters. The Designated Authority has rightly found that the total dumped imports had relatively increased by 13% during the period of investigation. The total production of the petitioner company of the subject goods during 1999-2000 was 6111 MTs which decreased to 5648 MTs during the period of investigation representing a decrease of about 7.58%. The total sales volume of the petitioner decreased by about 18.38%. The average capacity utilisation of the petitioner also decreased to 75.31% during the period of investigation. During the last five months' period of investigation, the average sales realisation for the petitioner had drastically decreased. The average cost of production of the subject goods had substantially increased during the period of investigation. The increase in the sales realisation during the earlier period did not compensate the increase in cost of production during the same period over the previous year. During the period of investigation, the petitioner had incurred heavy losses from the subject goods. The closing stock of the domestic industry during the period of investigation increased by 351% over the previous year of 1999-2000. On consideration of the relevant factors, we are satisfied that the Designated Authority had rightly concluded that, the domestic industry had suffered material injury from the dumped imports, that the parameters cumulatively indicated that the petitioner had suffered material injury, and that the "injury" had been caused due to the dumped imports of the subject goods. The contentions raised on behalf of the appellants cannot, therefore, be accepted. We, accordingly, hold that the conclusion reached by the Designated Authority in the final findings for recommending imposition of anti-dumping duty on imports from the subject countries, was fully justified and the impugned final findings and the Notification issued by the Central Government on the basis thereof, are legal and valid. Both these appeals are, therefore, dismissed.
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