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2016 (9) TMI 1227 - CESTAT NEW DELHILegality and correctness of levy of Anti-Dumping duties - digital plates imported from China and Japan - Customs Notification No. 3/2012 -CUS (ADD) - Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 - Chinese producers should have been considered as operating in market economy conditions - Held that: - the DA has recorded that in the past three years China PR has been treated as non-market economy in the anti-dumping investigations by other WTO Members. Hence, a rebuttable presumption of non-market economy status has been made in terms of para 8 (2) of Annexure I of AD Rules. The DA on analyzing the responses provided by the producers/exporters of the subject goods from China PR and the DI, concluded that there is significant government interference in the aluminium industry in China. Reliance was also placed on the findings of Canadian authorities in their anti-dumping and subsidy investigation. It was concluded that the price of major raw material, aluminium, is not market determined and hence, the market economy treatment was denied by the DA to the appellants. Impact of safeguard duty on imported raw material - Held that: - the transitional, product specific, safeguard duty was in force on the imports of aluminium coils from China PR from 23/3/2009 to 22/3/2011. Safeguard duty of 14% and 12% for first and second year were imposed. The duty was to remedy the market disruption caused by increased imports. The DA examined the impact of this duty on domestic industry who use this as raw material to produce subject goods. Noting that such imports by DI are only negligible, the DA concluded that the impact of safeguard duty on arriving at NIP is not significant. Erroneous fixation of NIP by the DA - Held that: - the methodology adopted for arriving at the NIP is well within the guidelines framed under AD Rules. The rate of return, costing parameters, differential treatment to violet and thermal plates, exclusion of selling/distribution cost, exchange note fluctuation etc. have all been taken into consideration by the DA - No material point found to interfere with the reasoning adopted by the DA while arriving at the NIP. Wrong determination of injury to DI - Held that: - there is material injury to DI caused by the dumped imports of subject goods. Recommendation was, thereupon, made for imposition of AD duties. - no material ground with supporting evidence to interfere with the findings of the DA and the final customs notification imposing AD duties. Appeal dismissed - decided against appellant.
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