TMI Blog2016 (10) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... and profitability of HOCL due to various factors - no causal link to the import of subject goods to such adverse situation - Held that: - 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, 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. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he domestic industry has suffered material injury in respect of the subject goods. The material injury has been caused by the dumped imports from the European Union. 2. Based on the recommendations 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 evidenced by record. Considered alone the data for GNVF wil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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 domestic industry has been fulfilled in this case. Regarding belated submission of information by HOCL, we agree with the examination by the DA (para 17 of the Finding) that the DA is required to include all such information for purpose of investigations. 6. The other major protest by the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he domestic industry should be viewed with all relevant economic factors having bearing on the state of the industry as specified in Annexure II of AD Rules. (d) the volume effect of dumped imports, price effects of subject goods, price undercutting and underselling have been examined and analyzed by the DA with the help of relevant data. (e) there is no capacity expansion by domestic industry in spite of sufficient demand due to availability of dumped import goods from EU. The sales of domestic goods declined over the injury period. There is negative growth of domestic industry in most of the parameters production, sales, inventory, market share, profit etc. (f) the other factors affecting HOCL have been considered by the DA and a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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