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TMI Blog2016 (11) TMI 225X X X X Extracts X X X X X X X X Extracts X X X X ..... y [R-8] ORDER Per B. Ravichandran: This appeal is against Final Findings dated 15.1.2013 of the Designated Authority (the DA), Directorate General of Anti-Dumping & Allied Duties, Ministry of Commerce and Notification No.6/2013-Cus. ADD dated 12.4.2013 of Ministry of Finance. The appellant is a producer exporter of plain gypsum board (subject goods) located in UAE. 2. The brief facts of the case are that M/s Saint Gyprac India Limited representing domestic industry (DI) approached the DA for initiation of investigation for imposing Anti Dumping duty (AD duty) on import of subject goods. The DA initiated investigation on 27.07.2011. The period of Investigation (POI) was 01.01.2010 to 31.12.2010. After following the procedure set out in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iterated that the DA can recommend AD duty even if dumping is only one of the reason for injury to the DI. 6. Ld. AR for Revenue supported the impugned customs notification. He drew our attention to Rule 11(2) of AD Rules read with Annexure-II of the said Rules. He reiterated that all the relevant factors have been considered by the DA before recommending AD duty. 7. We have heard the Id. Counsels for the appellant, DA and the Revenue. We have also perused the appeal records including written submissions. The impugned findings and the subsequent Customs Notification are under challenge in the present appeal. On the first issue regarding improper consideration of product for investigation we find that the DA has examined this issue and dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... actual or potential decline in sales, profits, output, market share, productivity, ROI, capacity, utilization, prices in domestic market etc. The DA noted that despite of addition to capacity, the utilization of new plants is at lower level. The losses of DI increased during POI, the volume of imports increased. The material injury and casual link has been well founded by the DA. We find no merit in the plea to draw a different conclusion. 10. We have noted that the subject goods have entered the Indian market below associated normal values, thus resulting in dumping of the subject goods. The dumping of the subject goods lead to material injury to domestic industry. On careful consideration and analysis of the final finding of the DA and t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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