TMI Blog2017 (1) TMI 136X X X X Extracts X X X X X X X X Extracts X X X X ..... that: - MCPI has not imported the product under consideration in India during the relevant period from any of the exporters, who were related to them. The injury of domestic industry has been properly analysed and we find no reason to disagree with the DA on this account. Cumulative assessment is proper subject to fulfillment of certain conditions. The dumping margin in the case of China is 20 to 30% and the quantum of export is above 3%. The subject goods imported from China are in direct competition with the like articles made in India. As such, the conditions for commutations are met. Violation of principles of natural justice - Held that: - though originally the IOCL was only supporting the petitions filed by the other domestic i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ified Terephthalic Acid ( PTA ) into India from China PR, Iran, Indonesia, Malaysia and Taiwan (subject countries). 2. The main submissions of the appellants can be summarized as below:- (a) The DA has wrongly excluded the Reliance Industries Ltd. (RIL) from the purview of domestic industry while conducting the investigation as per request of the domestic industry. It is submitted that the exclusion of RIL from the purview of domestic industry is not legally tenable as DA has not exercised the discretion vested on him in terms of Rule 2(b) of the Anti Dumping Rules, properly. (b) In the event of such exclusion of RIL, the DA should not have conducted a simultaneous cumulative investigation to determine injury to the domestic ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he issues have already been examined and settled by the DA. There is nothing in the present appeals to warrant interference with the final findings. 6. We have heard all the sides as mentioned above and examined the appeal records along with the written submissions. 7. The imposition of ADD on PTA imported from subject countries is under challenge. We have perused the final findings of the DA carefully. The first point raised by the appellant is regarding exclusion of RIL from the purview of the domestic industry. Admittedly, both the domestic producers (MCPI and RIL) had filed the petitions praying for imposition of anti dumping duties. However, RIL had disclosed that they are related to the company in Malaysia, who is the sole produ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed by the DA. He has, in fact, recorded that the MCPI has not imported the product under consideration in India during the relevant period from any of the exporters, who were related to them. The injury of domestic industry has been properly analysed and we find no reason to disagree with the DA on this account. 9. The appellants also pleaded that separate assessment should have been made in respect of Malaysia and for other subject countries. We note that cumulative assessment is proper subject to fulfillment of certain conditions. The dumping margin in the case of China is 20 to 30% and the quantum of export is above 3%. The subject goods imported from China are in direct competition with the like articles made in India. As such, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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