TMI Blog2000 (2) TMI 242X X X X Extracts X X X X X X X X Extracts X X X X ..... ment advanced by the learned Counsel representing the appellants herein are that import of SBR of 1500 Grade, 1700 Grade and 1900 Grade has not gone to cause any material injury to the domestic industry and that no causal link between the dumped imports and the injury to the domestic industry has been established. 3. M/s. Rishiroop Polymers Pvt. Ltd., an authorised agent and representative of M/s. Korea Kumho Petrochemical Company Limited (hereinafter referred to as KKPC) is the appellant in Appeal C/332/99. They questioned the correctness of the finding arrived at by the Designated Authority in final order dated 2-6-1999 imposing anti-dumping duty on imports from KKPC through the appellant, namely, M/s. Rishiroop Polymers Pvt. Ltd. The question raised in this appeal is also identical to those raised in Appeal C/264/99, namely, that there is no material injury caused to the domestic industry and that there is no causal link between the alleged dumping and injury, if any, caused to the domestic industry. 4. Before proceeding with the appeals further, it is worthwhile to state that learned Counsel appearing in these appeals did not urge any ground before us at the time of final h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the growth of domestic industry in spite of installation of new plant and machinery. The expansion programme could not be commissioned and dumped imports threatened to cause injury for future also due to sufficient freely disposable production capacities in the subject countries. 7. On the basis of the application submitted by M/s. Synthetic Chemicals Ltd., domestic indsutry, the Designated Authority initiated investigation against the subject countries. Public Notice dated 7-4-1998 was published initiating anti-dumping investigation concerning imports of SBR classified under custom sub-heading 4002.19 of Schedule I of Customs Tariff Act, originating in or exported from the subject countries. The period of investigation was fixed by the Designated Authority as 1-4-1996 to 31-8-1997, a period of 17 months. On the basis of materials collected the Designated Authority published its preliminary finding as per Notification dated 21-1-1999. As per that Notification anti-dumping duties were imposed on different grades of SBR originating from subject countries at the rates mentioned in the notification. The Designated Authority further invited details and comments from all interested p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considering the optimum cost of production at optimum level of capacity. This means that the Designated Authority had fixed the cost of production taking into consideration the entire situation in which the domestic industry is placed. The said cost of production so fixed by the Designated Authority at optimum level of capacity cannot be faulted. 9. Another argument that was advanced by the learned Counsel representing the appellants is that domestic industry is carrying on profitably the manufacture of some of the products and so they are not injured by import of SBR from subject countries. We are not in a position to agree with this argument. Domestic industry has been defined under Section 2(b). It, inter alia, states that domestic industry means the domestic producers as a whole engaged in the manufacture of the like article. This means that in the case of an investigation under the Act and the Rules, the domestic industry is not a particular company as such but only that which manufactures the like article. The like article mentioned in the definition is important. If an industry like M/s. Synthetic Chemicals Ltd. manufactures articles other than SBR and they initiate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vestigation was taken into consideration and in relation to other parameters periods far anterior were taken into consideration. The argument was that the Designated Authority referred to data in relation to various periods to find out the most favourable ones for the domestic industry and found injury to it. In other words, the contention is that Designated Authority was not using same yardstick in evaluating the extent of injury in respect of various parameters. We went through the confidential data furnished to the Designated Authority and the work-sheet made out of those details. From those materials it is proved beyond doubt that while assessing the various parameters to find out the injury to domestic industry, Designated Authority made reference to the corresponding details for the year 1995-96. Even though data for 1994-95 was also noted in the work-sheet, assessments were made based on the data relating to the year 1995-96 only. Compared to 1995-96 there was noticeable increase in stock of various grades of SBR with the domestic industry; that there was considerable increase of imports from subject countries; there was loss in the profitability on the manufacture of SBR an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -dumping duty has been imposed on SBR falling under sub-heading 4002.19 only. This is a clerical omission which is required to be corrected. Thus, we make it clear that Anti-dumping duty is on all grades of SBR, whether falling under sub-heading 4002 or 3903. Customs Authorities have to impose duty on all types of SBR, irrespective of their classification. 16. In B.L.A. Industries Others (Final Order Nos. 6-15/2000/AD, dated 21-1-2000, we took the view that Anti-dumping duty should be imposed on US $. Otherwise the effect of that duty will be eroded on account of the change in the exchange value of Rupee vis-a-vis US $. That situation is more conspicuous in this case. During the period of investigation, 1996-97, exchange rate was Rs. 37 per US $. As on today, 1 US $ costs more than Rs. 43. In international trade, price is fixed on US $. Anti-dumping duty should also be imposed on US $. Otherwise, by US $ becoming dearer vis-a-vis Indian Rupee, tax liability will become reduced. In order to safeguard the interest of the domestic industry, such reduction in Anti-dumping duty should not happen. Consequently, we vary the Anti-dumping duty in terms of US $. It is worthwhile to note ..... X X X X Extracts X X X X X X X X Extracts X X X X
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