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2016 (10) TMI 640 - CESTAT NEW DELHIImposition of ADD - Butanol - imported from European Union (EU), Malaysia, Singapore, South Africa and USA - the injury suffered by the DI is not on account of dumped imports but was on account of other factors like long closure of unit due to non-availability of main raw materials, etc - the cost of construction to arrive at the NIP was not disclosed to the appellants to make fair defence - Held that: - the Domestic Industry suffered production loss due to disruption in raw materials supplied by HPCL. It is also a fact noted by the DA that the DI curtailed production due to un-remunerative price of its product. It is not a situation where entirety of production loss was due to raw material non-availability. There is no substance in the plea made by the appellants regarding improper comparison of subject goods due to nature of trade (bulk or non-bulk) as explained by the Counsel for the DA and the Advisor to the DA. The comparison has been kept to similar items as per the data submitted during investigation. No contrary evidences have been submitted. ADD rightly imposed - appeal dismissed - decided against appellant.
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