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2016 (10) TMI 471 - CESTAT NEW DELHIImposition of Anti-Dumping Duty - Phenol - imported from South Africa - sunset review - mid term review - Notification No. 32/2015-Cus ADD dated 10.7.2015 - principles of natural justice - is injury caused to the DI due to import of subject goods? - closure of a manufacturing unit, HOCL during post POI - violation of Rule 23 of AD Rules - return on investment - Held that: - the DA determined the export price in respect of import from South Africa on the basis of best available information in accordance with Rule 6(8) of AD Rules. Dumping margin has been arrived at 40 - 50%. The DA has taken note of Rule 11 of AD Rules read with Annexure -Il while determining the injury to Domestic Industry. Volume of import during injury investigation grew by 70%. Demand grew by 33% . On the price effect, the DA has noted that there is undercutting of price from the subject country with or without anti-dumping duty. The landed value of the subject goods from subject country is lowest compared to other countries. Performance of HOCL - they were operating at full capacity in 2010-11 and thereafter, the production as well as sales declined. The lack of working capital was given as reason. This was attributed to the reason that dumping import affected realization of fair selling price in the domestic market. The injury margin has been calculated as per norms by the DA. There is no violation of Rule 23 in the present case - Hon'ble Delhi High Court in Fairdeal Polychem LLP vs. UOI [2016 (1) TMI 287 - DELHI HIGH COURT] held that Rule 23(2) of AD Rules has to be harmonized with Article 11.4 of WTO Agreement. On application of first proviso to Rule 17(1) with necessary changes, period of 12 months can be further extended by Central Government in its discretion. As such no infirmity found in the investigation by the DA. Return on investment for the DI - 22% taken as per long standing practice in terms of agreed norms. ADD rightly imposed - appeal rejected - decided against appellant.
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