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2016 (10) TMI 606 - CESTAT NEW DELHI

2016 (10) TMI 606 - CESTAT NEW DELHI - TMI - Imposition of ADD - Soda Ash - import from China PR, European Union, Kenya, Iran, Pakistan, Ukraine and USA as well as Turkey and Russia respectively - sale price higher than NIP - price injury to the domestic industry - Held that: - there is no legal provision to mandate the DA to compare NIP with NSR in order to determine the price effect. NSR is not the only parameter to decide on AD duties. The other price effects of imports such as price suppress .....

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125 of the findings it is noted that the landed price is much lower than the NIP and the return on investigation for the DI is much below the general bench mark. - ADD rightly imposed - no force in the submission of the appellant - appeal dismissed - decided against appellant. - Anti Dumping Stay Application No. 3394 of 2012 in Appeal No. 2996 of 2012 - Final Order No. 53397-53399/2016 - Dated:- 6-9-2016 - Shri Justice Dr. Satish Chandra, President Mrs. Archana Wadhwa, Member (Judicial) and .....

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d Customs Notification issued upon such final findings imposing Anti Dumping Duty on Soda Ash imported from various countries. The All India Glass Manufacturers Federation filed two of these appeals challenging final findings of the DA dated 17/02/2012 [Customs Notification No. 34/2012 CUS (ADD) dated 03/7/2012] and final findings dated 09/2/2013 [Customs Notification 8/2013 dated 18/4/2013] on imposition of AD duties on the subject goods when imported from China PR, European Union, Kenya, Iran, .....

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for the appellant, we are satisfied about the reasons for such delay. Accordingly, we allow the appeal to taken on record for disposal. 3. The brief facts connected to these appeals are that the Alkali Manufacturers Association of India [AMAI/DI] represented to the DA for Anti Dumping Duty to be imposed on subject goods imported from various countries. The DA initiated investigation and after following the procedure stated in the Customs Tariff (Identification, Assessment and Collection of Anti- .....

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more than NIP the DA should not have initiated investigation for AD duty. He further submitted that the DA did not make proper distinction in the analysis between 'dense' and 'light' Soda Ash. They are used by different user industry, one by soap manufacturers and the other by glass manufacturers. The main thrust of the learned Counsel's argument is that there is no injury to the DI as they have been realizing much higher amount than NIP. 5. The learned Counsel appearing on b .....

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which is significant and material while the demand increased by 14% during POI, the dump imports increased by about 108%. The learned Counsel drew our attention to the detailed findings of the DA as recorded in the final findings dated 17/2/2012. She made specific reference to para 117 and 118 of the findings to emphasis that. The price suppression has made the Domestic Industry unable to realize the selling price commensurate with increased in cost of sales. 7. The learned Counsel for the DA su .....

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