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M/s. Honest Enterprises Ltd., M/s. Navnidhi Steel & Engg. Co. Pvt. Ltd., Shree Ramdev Metal Mart, M/s. Siddhivinayak Steel and M/s. Reliance Stainless Steel Versus Designated Authority, Directorate, General of Anti-Dumping and Allied Duties/Ministry of Finance

2016 (9) TMI 1225 - CESTAT NEW DELHI

Imposition of Anti-dumping duty - import of hot rolled flat products of stainless steel - Final Findings dated 11.10.2011 of Designated Authority (DA), Directorate General of Anti-Dumping and Allied Duties, Ministry of Commerce & Industry - notification No. 104/2011-Cus dated 25.11.2011 of Ministry of Finance - Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 - Held that: - market share alone is not a f .....

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he volume of imports at a particular price level is sufficient enough to have adverse impact on domestic selling prices, the same should not be taken into account and given due weightage in the analysis. It otherwise meant that even if there are high priced transactions and low price transactions from a country, the very fact that the low price transactions cause injury (with positive injury margin) justifies imposition of duty on the entire country. - Regarding source data it has been recor .....

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ded against appellant. - AD/6, 7, 8, 9 & 10/2012 - Final Order No.53202-53206/2016 - Dated:- 24-8-2016 - Mr. Justice (Dr.) Satish Chandra, President Mrs. Archana Wadhwa, Member (Judicial) and Mr. B. Ravichandran, Member (Technical) Rep. by Shri Dhruv Gupta, Advocate for the appellant. Shri Amit Singh, Advocate for the Designated Authority, Ministry of Commerce, Shri Govind Dixit, AR for the Revenue Shri Sharad Bhansali, Advocate for the Domestic Industry. ORDER These five appeals are on the same .....

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e brief facts of the case are that based on a petition filed by the domestic industry, the DA initiated anit-dumping investigation in April, 2010. The period covered is 1.4.2008 to 30.09.2009. The injury for the domestic industry was examined for period from April, 2005 to Sept. 2009. After following the procedure set out by the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the D.A. arrived at Final .....

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ic industry. The price underselling for EU, Korea and Taiwan are in the negative. Therefore, there cannot be any injury from imports from these countries. b) The domestic industry is selling the subject goods at prices higher than the non-injurious prices and hence there is no injury. c) There is self-contradiction in the Findings of the D.A. when there is no price under-selling of subject goods from Taiwan, the D.A. attributed a positive injury margin against all exporters from Taiwan. The nega .....

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sales volume of exports from subject countries have declined. This will show that there is no injury to domestic industry. e) No information regarding country-wise quantity imported and assessable value has been provided by the DA. Only a cumulative figure for the subject countries has been given. The appellants could not put up an effective defence in their support in the absence full disclosure of information by the D.A. 4. Ld. Counsel for the D.A. supported the Final Findings. He reiterated .....

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ts. The investigation clearly established, based on data of the cooperating exporter, that the margins of dumping and injury of that exporter was significantly high. 5. Ld. Counsel for D.A. has relied on certain decided cases to state that the D.A. acted within his powers in analyzing data and recommending AD duty. 6. Ld. AR for Revenue and Id. Counsel for domestic industry supported the Final Findings of the D.A. and customs notifications. 7. We have heard all the sides and examined appeal reco .....

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ngs listed the dumping margin arrived at consequent upon such analysis. As the anti-dumping investigation covered imports from various countries simultaneously the DA followed the procedure in terms of para (iii) of Annexure-Il of AD Rules for cumulative assessment. Accordingly, the injury to domestic industry cumulatively from the subject countries was considered b} the D.A. 8. The appellants contested the Findings on the ground of decline in volume of imports. We note that there is increase in .....

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ubject countries throughout the injury investigation period. Further, the prices of domestic industry has not increased in line with increase in costs. The profitability of the domestic Industry has been shown to be adversely affected during the said period. 10. The appellant strongly contended that the injury analysis for Taiwan is contradictory. The facts recorded show that there was negative injury for country as a whole, hence the AD duty imposed vide Sl.nos.13 to 16 of table to notification .....

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imposed based on facts available, taking the lowest transaction value, as per standard procedure. The same has been done for Taiwan also. 11. We note that the Hon'ble Supreme Court in D.A. Vs. Haldor Topsoe - D.A. No.487 of 2000/4109 of 2000 decided on 20.07.2000 held that when interested party withholding necessary information or does not cooperate with the investigation, thus cause impediment to the investigation - Investigation Authority has discretion to rely on material as available be .....

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