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M/s. Surabhi Enterprises Pvt. Ltd. and M/s. Sanjay Chemicals Versus Designated Authority, Directorate General of Anti-Dumping and Allied Duties Ministry of Finance and others

2016 (9) TMI 1123 - CESTAT NEW DELHI

Effect of withdrawal of Anti-Dumping Duty - Sodium Tripoly Phospate - import from China - based upon the Final Finding of the Designated Authority, notification No. 13/2012-Cus (ADD) dated 22.2.2012 rescinded the earlier notification No. 58/2011-CUs dated 8.7.2011 except as respects things done or omitted to be done before such rescission - Whether the exception clause of the notification is justified and the plea that the withdrawal of the Anti-Dumping duty would have been with retrospective ef .....

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l Finding recorded in original investigation, in as much as having not put to challenge the same had attained finality. He has rightly observed that there is no provision under Rules empowering the Designated Authority to recommend discontinuation of Anti Dumping Duty with retrospective effect. In other words, Rule 14 enabling power of Designated authority to terminate the proceedings is not available for review proceedings in terms of Rule 23. No provisions of law found enabling the Designated .....

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i Amit Singh, Advocate for the Designated Authority, Ministry of Commerce Present Shri Govind Dixit, A.R. for the Revenue Present Shri Rajesh Sharma and Ms. Reena Khair, Advocate for the Domestic Industry ORDER Both the appeals are being disposed of by a common order as they are directed against a common cause of action of the Designated Authority. The appeals are essentially against the Final Finding dated 10.2.2012 of the Designated Authority passed in the Mid-term Review investigation concern .....

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vestigation for levy of Anti Dumping duty on the imports of the subject goods originating in or exported from China. After due process of law and after due investigations made by the Designated Authority, Final Findings were given by him on 3.5.2011 recommending the imposition of Anti-Dumping duty from the date when earlier the provisional Anti-Dumping duty was imposed with effect from 21.9.2010. Based upon the said Final Finding of the Designated Authority, Customs Notification No. 58/2011-Cus .....

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Authority initiated the mid-term review on 22.9.2011 and conducted investigation. Accordingly, after notifying the known exporters or producers of the subject goods in the Subject Country and known domestic importers and after taking into consideration the entire facts and circumstances, it was concluded by the Designated Authority that with the stoppage of production of STPP by M/s. Tata Chemicals Ltd. and M/s. Rhodia Specialty Chemicals India Ltd. and there being no other known manufacturer f .....

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ty Chemicals India Ltd. had also stopped their production and surrendered their registration certificate to the Central Excise authority but did not inform the Designated Authority accordingly, He observed that if the Domestic manufacturing industry would have informed the authority about the stoppage of production of STPP by them, the said fact could have been considered by the Designated Authority and he could have considered termination of the investigation under Rule 14 of the Anti-Dumping R .....

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which was originally recommended by the Designated Authority vide earlier Final Finding dated 3.5.2011, on the basis of which Customs Notification No. 58/2011-Cus dated 8.7.2011 was issued. 5. Based upon the above recommendations of the Designated Authority, Government of India vide its notification No. 13/2012-Cus (ADD) dated 22.2.2012 rescinded the earlier notification No. 58/2011-CUs dated 8.7.2011 except as respects things done or omitted to be done before such rescission. 6. As such, it is .....

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the Anti-Dumping duty with retrospective effect. 7. After hearing both sides duly represented by Shri T D Satish, learned Advocate appearing for the Appellant and Shri Amit Singh, learned Advocate appearing for the Designated Authority and Shri Govind Dixit, learned DR appearing for the Revenue, we note that the facts in the present case are not in dispute. Admittedly, during the first investigation before the Designated Authority, covering the period of investigation, M/s. Tata Chemicals on who .....

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tic Industry itself, the mid-term review was taken by the Designated Authority and after appreciating the fact of production stoppage by the two domestic manufacturer of the product and after taking note of the fact that there is no other industry similarly situate, he recommended for discontinuation of the imposition of Anti-Dumping duty. Such recommendation stand accepted by the Government of India. 8. The appellants grievance is that such recommendations to discontinue the Anti-Dumping duty s .....

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