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2018 (3) TMI 782 - AT - CustomsImposition of ADD - Ammonium Nitrate - import from Russia, Indonesia, Georgia and Iran and imported into India - Exporter is aggrieved against not fixing individual AD duty for the exports made by them - Held that: - there is no grievance or appeal by the Indonesian exporter. The point raised by the Indian importer without having a categorical assertion on the correct factual position of nature of goods manufactured in Indonesia cannot be considered. In any case, we note that the DA categorically recorded that the interested parties themselves have contended that Ammonium Nitrate cannot be imported in melt form. Since, there is production and sale of solid Ammonium Nitrate having density above 0.83 it is inappropriate to consider another article as like article to the imported product under consideration. It is clear that the performance of DI has deteriorated over the injury period as can be seen that imports from subject country have increased not only in absolute terms, but also in relation to production and consumption in India. Such imports under cut prices of DI leading to significant price depression in the market. The DI suffered in terms of market share, inventories, profit, cash profits and return on investment - the conclusion of the DA regarding injury margin and causal link for such injury due to dumped imports cannot be contested either on law or on facts. Since, the ultimate actual exporter of subject goods to India did not file E.Q.R. the producer/exporter had been treated as noncooperative. Appeal dismissed.
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