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M/s Perstorp Chemicals Gmbh and M/s Perstorp Chemical India Private Ltd. Versus Designated Authority, DGAD, MoF.

2016 (10) TMI 69 - CESTAT NEW DELHI

Imposition of Anti Dumping Duty - Pentaerythritol - imported from European Union, except Sweden - Customs Tariff (Identification, Assessment and Collection of Duty on Dumped Articles and for Determination of Injury) Rules, 1995 - Customs Notification dated 20.06.2012 - Held that: - It is seen that the increase in demand is higher than the increase in production/ sales of the D.I. In spite of improvements in production, sales and capacity utilization, the price parameters of D.I. have significant .....

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9(A)(1b). - The data for different period cannot be compared. The significant adverse impact of dumped imports may be established in terms of any one or more parameters listed as per the A.D. Rules. - Appeal dismissed - decided against appellant. - Anti Dumping Appeal No. 2931-2932 of 2012 with Anti Dumping Stay No. 3674-3675 of 2012 - Final Order Nos 53281-53282/2016 - Dated:- 30-8-2016 - Mr. Justice (Dr.) Satish Chandra, President , Mr. S.K. Mohanty, Member (Judicial) and Mr. B. Ravich .....

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eral of Anti Dumping and Allied Duties, Ministry of Commerce and Industry and Customs Notification 33/2012-Cus(ADD) dated 20.06.2012 imposing AD duty on Pentaerythritol (subject goods) originating in or exported from European Union, except Sweden. The first originating in or exported from European Union, except Sweden. The first appellant is an exporter of subject goods affected by the AD duty and is challenging the said duty in the present appeal. 2. The brief facts of the case are that the Des .....

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he subject goods originating in or exported from European Union excluding Sweden. Customs Notification dated 20.06.2012 was accordingly issued imposing AD duty. 3. Ld. Counsel appearing on behalf of the appellants contested the findings of the Designated Authority on various grounds. His submissions may be summarized as below: (a) Price under selling has been exaggerated in view of assuming 22% return on capital employed, for domestic industry. The rate of return has distorted the injury margin. .....

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(c) The D.I. represented by M/s. Kanoria Chemicals had specific agreement with M/s Asian Paints. The inter-se competition between them has not been analysed by the D.A. (d) The price under cutting on the injury margin for the appellant exporter should have been determined based on resale price of the appellant importer, not based on landed price. 4. The Ld. Counsel for the D.I. supported the findings of the D.A. It is submitted that D.I. provided sufficient information for initiating the investi .....

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d by the D.I. is reasonable for calculation of NIP. None of the parties objected to this claim during the investigation by the D.A. This is as per the consistent practice of adopting reasonable return. The D.A. has correctly examined the inter-se competition with other domestic producer while analysing the injury. The Indian resale price of imported goods cannot be considered for injury margin. 5. The Ld. Counsel for the D.A. supported the findings of the D.A. He submitted that none of the groun .....

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ct of dumped imports have been examined by the D.A. It is seen that the demand for the subject goods has increased in the POI after a decline in 2008-2009. The imports also have increased. The sales of D.I declined significantly in 2008-2009 and thereafter increased during POI. We noticed that the D.A. had examined the actual and potential production, capacity and capacity utilization sales of the subject goods. It is seen that the increase in demand is higher than the increase in production/ sa .....

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sources. 9. Regarding the return on investment, the appellants contended that the earlier period profits should be considered before arriving at a reasonable return on investment. We find that the Tribunal in the Final Order No. 53541 of 2015 dated 27.11.2015 in the case of Merino Penal Products Ltd. held that the return on investment is adopted based on consistent practice followed by the D.A. and the claim made by D.I. The said claim was not controverted with evidence at any stage nor was ther .....

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