TMI Blog2002 (2) TMI 472X X X X Extracts X X X X X X X X Extracts X X X X ..... ated authority published in the Ministry of Commerce Notification dated 1-3-2001. 2. In the impugned order the designated authority recommended imposition of definitive anti-dumping duties on all imports of Hydroxyl Amine Sulphate (HAS) falling under sub-heading 2825.1003 of the Customs Tariff Act, 1975 originating in or exported from the subject countries/territory, as mentioned above. The anti-dumping duty has to be the difference between the amounts mentioned in Column 3 below and the landed value of imports in US $/MT :- S. No. Country/Exporter Amount US $/MT 1 2 3 a. EU All exporters 1794.13 b. JAPAN (1) M/s. UBE Industries Ltd. (2) M/s. Nissho Iwai C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cording to the learned Counsel, the period of investigation which covered only six months from 1st July, 1999 to 31st December, 1999 is not consistent with the practice of the Designated Authority. The usual period is one year. Reference was made to the Guidelines-Cum-Application Proforma for Anti-Dumping Petition, where, in Clause 10, it is stated that the applicants are advised to consider time period for providing the information and the time period chosen for furnishing information should preferably be 12 months and it could be their accounting year. According to the learned Counsel, this is an indication that the investigation should extend to a period of 12 months. It is also contended that the discretion was exercised by the Designat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he General Agreement on Tariff and Trade, 1994 would give a different indication. Article 2.2.1 provides that while determining normal value, the authority shall take into consideration sales which are made in an extended period of time in substantial quantities. Footnote to this clause explains that the extended period of time should normally be one year but shall in no case be less than six months. This would show that choice of a period of six months is not barred. 8. While rejecting a similar contention in Final Order No. 22/2000-AD, dated 2-2-2000 [2000 (119) E.L.T. 157 (T)] the Tribunal has observed as follows :- We are not convinced with the arguments advanced on behalf of the appellants that assessment is arbitrary since the D. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocess and Raschig s process. No one except the petitioner uses Raschig s process globally as it is costlier. 10. The Domestic Industry is producing Hydroxyl Amine Sulphate by Raschig s process and the other method of production for HAS is by hydrogenation of Nitric Oxide over platinum catalyst in presence of dilute sulphuric acid. HAS solution is then separated out by crystallizing and centrifuging. Domestic industry has stated that it was not aware of the method adopted by the producers in the subject countries/territory. Apart from making allegation that the process adopted by the domestic industry is less efficient, no material is made available to the Designated Authority to substantiate the allegation by making a comparative study of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as no import of HAS by the petitioner. Apart from the above, the definition of the term Domestic Industry has undergone an amendment on 15-7-1999. Before the amendment the provision was that producers who are themselves importers shall be deemed not to form domestic industry. The word shall has been replaced by may under the amendment. It is much after that the amendment the investigation was initiated. For this reason also, the petitioner is not liable to be excluded. 13. The appellant further contended that the normal value was not properly fixed by the Designated Authority. It is to be noted that such a contention is not open to the appellant who is neither an exporter nor a manufacturer. In this case, the Designated Authority ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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