TMI Blog2000 (10) TMI 208X X X X Extracts X X X X X X X X Extracts X X X X ..... t Polystyrene (hereinafter referred to as HIPS) imported from Hong Kong by Notification No. 42/2000, dated 11-4-2000. HIPS comes in several grades including Environmental Stress Crack Resistant grade (hereinafter referred to as ESCR grade). 2. Appellant before us, Dow Chemical Pacific Ltd. is a company registered in Hong Kong. This company is engaged in marketing Polystyrene manufactured by Dow Chemical Hong Kong Ltd. which manufactures HIPS at its factory situated in Tsing Yi in Hong Kong. They challenge the notification issued by Government of India imposing anti-dumping duty on HIPS exported from Hong Kong. The main arguments advanced by the learned counsel representing the appellant were that ESCR grade HIPS exported by them is not a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n response to the disclosure statement they have pointed out the following as factual corrections that Dow Chemical Pacific Ltd. (DCPL Hong Kong) is not the manufacturer of Polystyrene. Throughout the Final Findings the Designated Authority treated M/s. Dow Chemical Pacific Ltd. (DCPL Hong Kong) as exporter and not as manufacturer. 4. In the memorandum of appeal, appellant, M/s. Dow Chemical Pacific Ltd. is described as a company engaged in marketing of Polystyrene manufactured by Dow Chemicals Hong Kong Ltd. Learned counsel representing the appellant, M/s. Dow Chemical Pacific Ltd., submitted Summary of Submissions of the Appellants before us, highlighting the points raised by the appellant in this appeal. In paragraph 1.4 coming un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rene. Suffice it to say that they were not cooperating with the investigation carried out by the Designated Authority. 7. Appellant raised a contention that the goods exported by them from Hong Kong to India was ESCR grade HIPS. Its characteristics and qualities are entirely different from those produced in India and, therefore, under no circumstance, can the goods imported by them be taken as like article in relation to the Polystyrene manufactured in India. Like article is defined in Rule 2(d) of the Anti-Dumping Rules framed under the Customs Tariff Act, 1975. As per that clause not only articles which are identical or alike in all respects to the article under investigation but also other article which has characteristics closely rese ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the said report. Consequently, their contention that the goods exported by them from Hong Kong is not a like article within the meaning of the Anti-Dumping Rules cannot be accepted. We overrule this contention. 9. Next argument advanced by the learned counsel representing the appellant was on the fixation of normal value by the Designated Authority. Section 9A(1)(c) of the Customs Tariff Act, 1975 defines normal value. How normal value as defined in the said Section is to be determined by the Designated Authority came up for consideration before the Supreme Court in the decision Designated Authority v. Haldor Topsoe A/S reported in 2000 (120) E.L.T. 11. Their Lordships stated : A perusal of the said provisions clearly shows the nor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rfectly justified in ignoring them in view of the specific provisions contained in annexure I to the Anti-Dumping Rules. 10. Appellant, as stated earlier, cannot be considered as exporter of the goods from Hong Kong, unconnected with the manufacturer. No material, which enabled the Designated Authority to find out the cost of production of Polystyrene was, furnished before it. So, they were not cooperating with the investigation. Such a party cannot insist on fixation of normal value solely on the basis of their exports to Pakistan contending that Pakistan is an appropriate third country. The price alleged to have been realised on the sale to such an appropriate third country might have been fixed at a rate far lower than the normal value ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... creased after imposition of anti-dumping duty on the goods imported from other countries. That was only of a shorter period of three months. During that short period, there was no noticeable increase in the export of Polystyrene from Hong Kong and so the argument was that the Designated Authority did not consider all relevant aspects. We are not impressed by this submission either. Data produced by the domestic industry, which are seen at pages 63 to 65, show that there was considerable increase in the quantity of export from Hong Kong to India. During the period from April, 1995 to March, 1996 export from Hong Kong was 0%. From April, 1996 to March, 1997 it increased to 1.18% and for the period from April, 1997 to March, 1998 the quantity ..... X X X X Extracts X X X X X X X X Extracts X X X X
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