TMI Blog2004 (4) TMI 326X X X X Extracts X X X X X X X X Extracts X X X X ..... re, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and Rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 the Central Government, on the basis of the aforesaid final findings of the designated authority, hereby imposes on all types of BOPP film, falling under Heading 39.20 of the First Schedule to the said Customs Tariff Act originating in or exported from the countries specified in column (2) of the Table given below and imported into India, when exported by the exporters specified in the corresponding entry in column (3) of the said Table, an ant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Designated Authority were challenged by the domestic industry as well as the Exporter M/s. Al Khaleej and the importers of the BOPP films. 3. On the complaint filed by M/s. Association of BOPP Manufacturers, the Designated Authority initiated the Anti-dumping investigation vide Notification dated 30th May, 2001 by taking into consideration the period of investigation from 1st April, 1999 to 1st September, 2000. Thereafter, vide Notification dated 14th August 2001, the Designated Authority issued its preliminary finding recommending the Anti-dumping duties. Thereafter, after taking into consideration response filed by interested parties and granting the opportunity of hearing, the Designated Authority issued a disclosure statement on 2nd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e final findings. 6. In the appeal filed by M/s. Al Khaleej Polypropylene Products Company (exporter), the contention is that the Designated Authority without disclosing to the interested parties included the metallised films into the scope of enquiry. Their further contention is that when M/s. Al Khaleej Polypropylene Products Company gave a price undertaking which was accepted by the Designated Authority therefore, as per the provision of Rule 15 the investigation requires to be terminated whereas Designating Authority in spite of price undertaking further investigate in respect of injury and casual link. 7. In the appeal filed by domestic industry i.e. M/s. Association of BOPP Manufacturers, the contention is that the Designated Auth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the domestic industry, who are also manufacturer of metallic films also. During investigation, the Designated Authority disclosed to the interested parties that metallised films are also part of investigation and in response to public hearing granted by the Designated Authority particularly M/s. Al Khaleej Polypropylene Products Company raised objection in respect of metallic film. The domestic industry in their written submission before the Designated Authority also made submissions in respect of metallic films. In the disclosure statement, the Designated Authority specifically made it clear that metallic films are also part of the investigation. In these circumstances, we find that as the investigation was in respect of the BOPP films wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the grades and quality of BOPP film is not appropriate and cannot be accepted. Therefore, the finding of adjudicating authority as well as the notification accepting the price undertaking deserves to be set aside and M/s. Al Khaleej Polypropylene Products Company is to be treated like other importers (sic) from Oman. 12. Further, we find that in response to the questionnaire that Designated Authority specifically asked for a separate schedule for each grade. The interested parties i.e. exporters and importers have not filed information in respect of the grades of the BOPP films. Therefore, the Designated Authority relied upon the information provided by the domestic industry for determination of normal price while on the basis of construc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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