2015 (6) TMI 731

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..... peals, identical question of law has come up for consideration. For the sake of convenience, we will take note of the facts appearing in Civil Appeal Nos. 1788-1789 of 2004. It is a case where the Designated Authority applied the provisions of Rule 6(8) of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as 'Rules') and determined the anti-dumping duty on the basis of "best judgment assessment". There is no dispute that in those cases where the noticee does not cooperate in the inquiry or furnishes the requisite material, it is open to the Designated Authority to invoke Rule 6(8) and determine the normal value .....

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..... es of this report were indicated as "SRI International (Menlo) Part, CA)" and "company reports". But the source materials have not been disclosed, nor the authenticity thereof established, by the designated Authority. This apart, the Aniline prices shown in page 41 of the journal of 17.11.99, wherefrom the Designated Authority claims to have obtained the best available information in terms of Rule 6(8) ibid, do not appear to be any trade data published for the week. They are ex-facie, part of an article on Aniline, which mainly gives an account of the global trends in aniline industry. The article also briefly mentions the technology of the industry, gives a graphic account of the global capacity shared by Europe and other parts of the worl .....

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..... n for rejecting the above price would be that those prices are ex facie a range of prices of Aniline for the whole of Europe and do not relate exclusively to the European Union. One cannot lose sight of the fact that, in Europe, there are also countries which are outside the European Union, and this fact also would render the journal prices irrelevant to the anti-dumping investigations against European Union exporters. The excepts from Joseph Pattison's commentaries on anti-dumping and Countervailing Duty Laws produced by the learned counsel for the Designated Authority, have also been perused and, in relation to published data, they are found to favour of position that official publications in the country of exportation can be accepted .....

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