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2016 (10) TMI 663 - AT - CustomsImposition of ADD - 2 Ethyl Hexanon - import from EU, Indonesia, Korea RPI Malaysia, Saudi Arabia, China Taipei and USA - N/N.10/2016-Customs (ADD), dated 28.3.2016 of Ministry of Finance - improper fixation of normal value by the DA - Held that: - While determining the normal value, we note that the DA has discarded the sale of subject goods to related party in Indonesia and also sale to third country in China. We note that the related party transaction cannot be considered as sale in ordinary course of trade'. The sale being above cost price by itself does not make it sale in ordinary course of trade. Further, China being non-market economy will have impact on the export price to that country also. These factors have been analysed and we do not find any reason to differ with the conclusion of the DA. Error in the data submitted by the exporter - Held that: - data submitted by interested parties were considered due analyses was based on verification. If some party post disclosure denied certain data and claims error in earlier analyses, the same is not to be considered. Such course will call for further detailed verification post disclosure. It is neither viable nor admissible in view of time from within which the DA has to operate. Improper analyses of injury - Held that: - DI suffered injury due to other factors and not due to dumping of the subject goods. In other words, the shut-down of unit of DI is attributable to the disruption in raw material supply. DA calculated the production capacity utilization of Domestic Industry assuming that there was no shut down in order to isolate plant shut-down as factor of injury. It was recorded that even if raw material supplies were not affected, the DI had reached only 62% of the operation. There is healthy growth in demand. While cost has increased, the prices were suppressed due to presence of significant volume of dumped imports. On this ground also we find no merit in the argument of the appellant. DA concluded the price of DI is significantly depressed because of increasing volume of dumped imports at a price below the cost of production, preventing DI from realising remunerative price to remain in production/ sale. He established causal link between dumping and injury suffered by DI - ADD rightly imposed - appeal disposed off - decided against appellant.
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