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M/s The Dyestuffs Manufacturers Association of India Versus Union of India/DA

2016 (10) TMI 127 - CESTAT NEW DELHI

Imposition of Anti Dumping Duty - aniline - imported from European Union - material injury suffered by domestic industry - Customs Tariff Act, 1975 readwith Customs Tariff (Identification, Assessment and Collection of Anti Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 - the performance of HOCL and inclusion of such data in injury analysis - belated submission of information by HOCL - Held that: - The requirement in terms of Rule 2 (b) of the AD Rules for "domestic .....

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as increased. HOCL had low capacity utilization, attributable to other factors and hence there is no injury to domestic industry. - contentions of the appellant rejected - The assessment by the DA regarding injury and causal link is agreed with. - Anti Dumping duty rightly has been imposed - appeal disposed off - decided against appellant. - Anti Dumping Appeal No. 2613 of 2012 - Final Order No. 53212/2016 - Dated:- 24-8-2016 - Dr. Satish Chandra, President, Shri S.K. Mohanty, Member (Judici .....

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brief facts of the case are that M/s Gujarat Narmada Valley Fertilizers Co. Ltd, (GNVF) filed an application before Designated Authority (DA) in accordance with Customs Tariff Act, 1975 readwith Customs Tariff (Identification, Assessment and Collection of Anti Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, alleging dumping of aniline (subject goods) originating in or exported from European Union. The application was supported by M/s Hindustan Organics Chemicals Ltd .....

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endations of the DA in Final Findings dated 13/4/2012, Notification No. 30/2012 - CUS (AD) dated 29/5/2012 was issued imposing AD Duty on the subject goods. The present appeal is directed against this Final Finding and notification. 3. The learned Counsel for the appellant mainly submitted on the following lines (a) Initiation of investigation is bad in law as certain essential pre-initiation examination was not carried out by the DA. HOCL supporting the initial application by GNVF is not eviden .....

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dverse situation due to reasons other than dumping should not lead imposition of AD Duty. 4. The learned Counsel for domestic industry and learned AR for Revenue supported the Final Findings of the DA. Learned Counsel for DA submitted that all the material details were disclosed to all interested parties. Hence there is no violation of any procedural requirements. HOCL did furnish the required data. The data of both the domestic units have been examined as per norms. For HOCL other factors impac .....

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objection was regarding the performance of HOCL and inclusion of such data in injury analysis. It is the case of appellant that HOCL did not submit adequate data in time and hence the initiation of investigation by DA itself is flawed. We find that this issue has been examined in para 9 to 13 of the Final Findings. The DA has categorically recorded the factual details and we find no reason to find any infirmity in his findings. The requirement in terms of Rule 2 (b) of the AD Rules for "dom .....

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assessment of domestic industry a holistic analysis of all available data of the producers has to be made. It is the case of appellant that HOCL suffered due to various other factors. The appellant relied on certain remarks in the annual reports of HOCL to state the general economic slow down and other issues contributed to adverse results for HOCL. It was emphasized that GNVF has been performing with full capacity and the sales of subject goods has increased. HOCL had low capacity utilization, .....

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