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2016 (10) TMI 471

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..... g margin has been arrived at 40 - 50%. The DA has taken note of Rule 11 of AD Rules read with Annexure -Il while determining the injury to Domestic Industry. Volume of import during injury investigation grew by 70%. Demand grew by 33% . On the price effect, the DA has noted that there is undercutting of price from the subject country with or without anti-dumping duty. The landed value of the subject goods from subject country is lowest compared to other countries. Performance of HOCL - they were operating at full capacity in 2010-11 and thereafter, the production as well as sales declined. The lack of working capital was given as reason. This was attributed to the reason that dumping import affected realization of fair selling price in t .....

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..... dated 10.7.2015 issued by the Ministry of Finance, imposing AD duty on imports of Phenol (subject goods) 2. The above findings and the Notification are consequent upon the sunset review of anti-dumping duty on imports of subject goods originating in or exported from South Africa. The AD duties were originally recommended in a finding dated 13.2.2003 and was imposed vide Customs Notification dated 24.3.2003.The mid term review was also conducted and was notified on 13.7.2007. The first sunset review was initiated on 10.8.2007 resulting in final findings dated 4.8.2008. Customs Notification was issued on 31.10.2008. Second mid term review was also conducted resulting in final finding dated 6.2.2013. Anti-dumping duty was continued on subj .....

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..... participated in the investigation after filing of detailed questionnaire response. 5. Regarding violation of Rule 23, it is submitted that provisions of Rule 17 are made applicable to review under Rule 23 and as such the Central Government has power to extend the period of investigation. 6. Ld. Counsel for the DA submitted that HOCL has apart from other factors also suffered due to dumping . HOCL could not operate the plant to its peak capacity due to effect of dumping 7. Regarding principle of natural justice , it was submitted that though the appellant did not participate by filing imported questionnaire response, their submissions were taken on record addressed to the extent they are relevant. Post disclosure, there is no ne .....

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..... dumping import affected realization of fair selling price in the domestic market. We find the injury margin has been calculated as per norms by the DA. We also note that there is no violation of Rule 23 in the present case. We find that Hon'ble Delhi High Court in Fairdeal Polychem LLP vs. UOI - 2016 (334) ELT 241 (Del.) held that Rule 23(2) of AD Rules has to be harmonized with Article 11.4 of WTO Agreement. On application of first proviso to Rule 17(1) with necessary changes, period of 12 months can be further extended by Central Government in its discretion. As such we find no infirmity in the investigation by the DA. 11. Regarding return on investment for the DI, we are informed that 22% is taken as per long standing practice i .....

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