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M/s Filatex (I) Pvt. Ltd., M/s Indo Rama Synthetics India Ltd., M/s PTA Users Association and M/s The Bombay Dyeing & Mfg. Co. Ltd. Versus Union of India/DA

2016 (10) TMI 661 - CESTAT NEW DELHI

Imposition of ADD - purified terephthalic acid - import from China PR, EU, Korea RP and Thailand - N/N.23/2015 - CUS (ADD) dated 27/05/2015 - status of MCPI as domestic industry - 66% of shares of this unit is with Mitsubishi Chemical Corp., Japan who also hold 40% of Samnam Petrochemicals who is an exporter of subject goods to India - Held that: - During POI Samnam's export of subject goods to India is an exception and not a regular trading activity. Further, Mitsubishi Chemical Corp., Japan do .....

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opposed the application for anti-dumping investigation. The other 2 producers of subject goods in India account for more than 50% of production. Hence, the DA is correct in analyzing the data furnished to arrive at conclusion. The absence of support by IOCL is not relevant for the investigation. The sale price of IOCL being lesser than the DI has not been substantiated during investigation by the DA. On the impact of inter-se competition among domestic producers, the DA found that the injury to .....

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te of their comments which has to be made available to all the other parties who will insist on further oral hearing and written comments on the issues raised which has to be made known to all interested parties and the cycle will continue indefinitely without any possible conclusion by the DA. The initiation of investigation for AD duty was notified with supporting applications. All interested parties give comments and were personally heard. Thereafter, upon analysis of all facts and comments a .....

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at a clear finding, the DA acted within his mandate. Adverse finding cannot be ipso-facto basis of allegation of discretionary excess. - ADD rightly imposed - appeal rejected - decided against appellant. - Anti Dumping COD Application No. 50484 of 2016, 50485, 5086, 5087, 5088,5089,5090 and 5091 and Appeal No. 50348 of 2016, 50348,50349,50350 and 50351 - Order No. 53518-53521/20162016 - Dated:- 14-9-2016 - Shri Justice Dre Satish Chandra, President, Shri S.K. Mohanty, Member (Judicial) and S .....

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merce and Industry and Notification No. 23/2015 - CUS (ADD) dated 27/05/2015 issued by Ministry of Finance. 2. M/s MCC PTA India Corporation Pvt. Ltd. (MCPI) and M/S Reliance Industries Ltd. (RIL) (the DI) jointly approached the DA for initiation of anti-dumping investigation on import of purified terephthalic acid (subject goods) from China PR, EU, Korea RP and Thailand. The DA initiated such investigation. After following the procedure in terms of Customs Tariff (Identification, Assessment and .....

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sued Customs notification imposing AD duty. Another W.P. was filed thereafter. The Hon'ble High Court vide order dated 16/2/2016 granted liberty to the appellants to file appeals before the Tribunal under Section 9C of Customs Tariff Act, 1975 within two weeks. Accordingly, present appeals were filed. Having considered the above factual position we condone the delay in filing these appeals and take up the appeals for further disposal. 4. The learned Counsel for the appellants contested the F .....

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ts were not given all relied upon evidences and no post disclosure hearing was granted. (d) the Final Finding has been issued after exercise of discretion in arbitrary and seemingly biased manner. The disclosure statement did not contain details like effect of IOCL prices and injury examination in Plant Il of MCPL due to new technology found faulty. 5. The learned Counsel for DI contested the submissions of appellants. It is submitted that : (a) Price injury is sufficient to determine the injury .....

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ost disclosure. All interested parties have been heard during investigation. (e) the technology related problem in MCPI resulting in injury also has been dealt with by the DA. The inter-se competition among domestic units have also been considered. 6. The learned Counsel for the DA supported the Final Findings. He reiterated the DA's Findings, more specifically under paras 67 to 99 on price undercutting due to dumped imports. 7. The learned AR for Revenue drew our attention to provisions of .....

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it is with Mitsubishi Chemical Corp., Japan who also hold 40% of Samnam Petrochemicals who is an exporter of subject goods to India. We have examined the factual and legal position in this regard, During POI Samnam's export of subject goods to India is an exception and not a regular trading activity. Further, Mitsubishi Chemical Corp., Japan does not have controlling effect on the activities of Samnam Korea. We are in agreement with the DA that the facts of the case indicate that no undue be .....

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igation. The other 2 producers of subject goods in India account for more than 50% of production. Hence, the DA is correct in analyzing the data furnished to arrive at conclusion. The absence of support by IOCL is not relevant for the investigation. The sale price of IOCL being lesser than the DI has not been substantiated during investigation by the DA. On the impact of inter-se competition among domestic producers, the DA found that the injury to DI not attributable to the same as nothing rele .....

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issions the DA notified disclosure of such analysis. Post disclosure the interested parties again submitted their comments. The appellant's plea for another hearing again is not tenable. In the name of natural justice a situation cannot be created which will defeat the very process of intended investigation and remedy thereafter. If appellant's plea is accepted, it follows a second hearing is to be considered for all parties, who after oral hearing have to submit written note of their co .....

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ication the DA discloses the proposals. Again comments are called for. Finally, the DA notifies his Final Findings. This procedure has been followed by the DA. We find no legal infirmity or denial of natural justice by the DA in this case. 12. The Final objection is on injury analysis being arbitrary and on use of excessive discretion by DA. Specific reference was made to MCPI suffering injury in Plant Il operation due to faulty technology not due to dumping of subject goods. The DA has recorded .....

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