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2016 (10) TMI 129 - CESTAT NEW DELHI

2016 (10) TMI 129 - CESTAT NEW DELHI - 2016 (342) E.L.T. 259 (Tri. - Del.) - 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 pro .....

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gin - Held that: - the Central Government by Notification dated 04.08.2008 had 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 dumpin .....

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d by clear data and analysis. - Appeal dismissed - decided against appellant. - 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. .....

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f Ministry of Finance. 2. The brief facts of the case are that M/s Aarti Drugs 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 export .....

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on. b) the form of duty is determined by completely ignoring Drugs Price Control 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 findi .....

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e 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 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 industr .....

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