TMI Blog2017 (1) TMI 345X X X X Extracts X X X X X X X X Extracts X X X X ..... ld that: - MCPI suffered technical problems in their plant but that is not the only cause of injury. The DA found that the imports had adversely affected the profits, cash flow, return on investment of MCPI. The injury of domestic industry has been properly analysed and we find no reason to disagree with the DA on this account. 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. Principles of natural justice - Held that: - though originally the IOCL was only supporting the petitions filed by the other domestic industry, later they have provided s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee appeals filed against the imposition of Anti dumping duty by the Customs Notification no.28/2016-Cus ADD dated 5.7.2016 based on the final findings dated 9.6.2016 of the designated authority, Directorate General of Anti-dumping and Allied Duties, Ministry of Commerce and Industries. The Anti-dumping duty was imposed on import of Purified 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 R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the appellant. He drew our attention to the paras 17 to 21 of the final findings of the DA to state that the issues have already been examined and settled by the DA. There is nothing in the present appeals to warrant interference with the final 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 dutie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 conditions for commutations are met. We note specifically the findings recorded in para 118 of the final findings of the DA. The reason for cumulative analysis has been appropriately recorded by the DA. 10. Regarding violation of principles of nat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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