Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

M/s Hubei Hongyuan Pharmaceutical Co. Ltd. Versus Designated Authority, DGAD MoF

2016 (10) TMI 129 - CESTAT NEW DELHI

Extension of anti-dumping duty in sunset review - Domestic Industry - metronidazole - whether the investigation on anti dumping should have continued on the domestic industry, being one of the major importer of subject goods? - Held that: - DA has excluded M/s Aarti Drugs from the purview of domestic industry. It was concluded that M/s Unichem Laboratories Constitutes, the domestic industry, being the only remaining producer of the subject goods and satisfy the requirement of Rule 2(b) of the AD .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d fixed the maximum sales price of subject goods at ₹ 526/ kg. which was applicable during the POI - 01.01.2010 to 31.12.2010. The price was fixed at ₹ 514/ kg. vide Notification dated 01.07.2011 and again at ₹ 588/ kg. Notification dated 16.11.2012. The DA has correctly applied the rate of ₹ 526/ kg. applicable to the relevant time. - Establishment of the casual link for likelihood of dumping/ injury in the event of revocation of AD duties - D.A. examined the possibi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ant. - Anti Dumping Appeal No. 3735 of 2012 with Anti Dumping Stay No. 4713 of 2012 - Final Order No. 53335/2016 - Dated:- 31-8-2016 - Mr. Justice (Dr.) Satish Chandra, President, Ms. Archana Wadhwa, Member (Judicial) and Mr. B. Ravichandran, Member (Technical) Sh. Rathim M., Advocates for the Appellant Sh. Amit Singh, Advocate for the D.A. Sh. Govind Dixit, AR for the Revenue Ms. Reena Khair, Sh. Rajesh Sharma and Ms. Rita Jha, Advocates for the Domestic Industry. ORDER The present appeal is by .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s Ltd. and M/s Unichem Laboratories Limited filed application with the DA, who initiated a sunset review Investigation on 30.05.2011 under Rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995. The definitive anti-dumping duty was originally recommended on 14.07.2000 on import of subject goods originating in or exported from China P.R. After First sunset review the AD duty was continued vide N .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rol order (DPCO) ceiling price. c) there is no causal link and no evidence to show likelihood of humping and injury. The Id. Counsel for domestic industry countered the arguments of the appellant and submitted that the sunset review by the DA has been conducted within four corners of prescribed procedure after following all the legal requirements. The Id. Counsel for the DA and the Id. AR for Revenue supported the findings of the D.A. 4. We have heard all the parties as above and examined appeal .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

being the only remaining producer of the subject goods and satisfy the requirement of Rule 2(b) of the AD Rules. The Hon'ble Madras High Court in Nirma Limited vs. Saint Gobain Glass India Ltd. - 2012 (281) ELT 321 (Mad.) held that even if the only producer of subject goods in the country produced only 4%, by a combined reading of Rule 2(b) and Rule 5(3) proviso the said producer is considered as a domestic industry and is entitled to maintain the application for investigation. As such we f .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version