TMI Blog2016 (10) TMI 640X X X X Extracts X X X X X X X X Extracts X X X X ..... ion due to un-remunerative price of its product. It is not a situation where entirety of production loss was due to raw material non-availability. There is no substance in the plea made by the appellants regarding improper comparison of subject goods due to nature of trade (bulk or non-bulk) as explained by the Counsel for the DA and the Advisor to the DA. The comparison has been kept to similar items as per the data submitted during investigation. No contrary evidences have been submitted. ADD rightly imposed - appeal dismissed - decided against appellant. - AD/52182/2016 with AD/Stay/51167/2016, AD/52283/2016 with AD/Stay/51270/2016 and AD/52284/2016 with AD/Stay/51271/2016 - AD/A/53522-53524/2016-CU[DB] - Dated:- 14-9-2016 - Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing proper representation against the proceedings to impose AD duty. Further, it was contended that the subject goods were traded in bulk as well as non-bulk form. The comparison should have been made on similar products and not in a combined summary manners. 3. Ld. Counsels, Shri Dhruv Gupta and Shri Darpan Bhuyan on behalf of M/s.Petronas Chemicals Marketing and Petronas Chemicals Derivatives, while supporting the submissions of the Id. Counsel for other appellant, also submitted that the allocation of fixed cost has not been properly made while arriving at the NIP for DI. There is a substantial variation in cost parameters for POI when compared to the previous three years. This shows that the cost allocation got distorted due to close ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h issue regarding the price comparison of bulk or non-bulk product at the appellate stage. However, on merit, he submitted that the comparison has been correctly made on saline type of items only. 6. Shri G.R. Wadhwa, Advisor to the DA, with the permission of Bench, submitted that the NIP has been arrived at after due adjustments for the closure period of DI. Further, the bulk imports are compared with bulk domestic sales trade for fair comparison, Wherever the import is mixed (bulk as well as non-bulk), the details are not considered for comparison. 7. Ld. AR supported the levy of AD duty on the subject goods and stated that the DA has examined the earlier decision of the Tribunal on similar issue involving the same domestic unit and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the various parameters and noted as below:- 74. It is seen that both costs as well as selling price of the domestic industry increased over the injury period. Whereas the costs have increased significantly; the domestic industry has not been able to increase its price to that extent, thus, leading to financial losses in the POI. The petitioner has claimed that they have been unable to increase its selling price in proportion to increase in cost or even at the level of cost thereby suffering losses due to presence of dumped imports in the market. It is seen that the imports are suppressing the domestic prices. The petitioner has further claimed that the domestic industry could not achieve normal production in the POI due to non-remune ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eased incidence of overhead/fixed expenses getting loaded on lower production), (c) rupee depreciation appreciation; (d) product prices not increasing. 76. While the cost of production of the domestic industry was increasing, its selling price of the products were not increasing proportionally. Further, these increases in the cost of production were on account of increase in raw material price increases, power rate increases or general inflation. The Authority notes that the domestic industry is expected to move its prices up or down in tandem with the increase or reduction in cost of production in a normal market situation. If the domestic industry has been faced with the increase in the cost of production on account of factors such a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... improper construction of NIP, we note the observation of the DA as follows:- The Authority has determined non-injurious price for the domestic industry. For the purpose the Authority has considered best consumption norms of the raw materials utilization. Further, since the domestic industry did not produce the product under consideration for some period during the POI, the Authority has considered fixed expenses by considering optimum production volume of *** MT considering best capacity utilization during last 4 years. The Authority has also segregated and excluded various expenses considering the provisions of Annexure-Ill to the Rules. Capital employed of the domestic industry has been determined on the basis of provisions of Anne ..... X X X X Extracts X X X X X X X X Extracts X X X X
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