TMI Blog2017 (7) TMI 276X X X X Extracts X X X X X X X X Extracts X X X X ..... not dispute that the imports are of the period after the issuance of the Notification dated 06.09.2011 and the width of their product was between 1251 mm to 1280 mm. These imports were, therefore, clearly liable for anti dumping duty - The CESTAT while deciding the appeal in favour of the responents did not consider the impact of review Notification dated 06.09.2011 in its proper prospects, therefore, order of CESTAT set aside - appeal allowed. - Civil Appeal No (S). 10483/2013, Civil Appeal Nos. 2407-2408/2014 - - - Dated:- 3-7-2017 - A. K. Sikri And Ashok Bhushan, JJ. For the Appellant : Mr. Maninder Singh, ASG Ms. Nisha Bagchi, Adv. Mr. P.K. Mullick, Adv. Mr. B. Krishna Prasad, AOR For the Respondent : Mr. Kunal Verma, AOR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... European Union, South Africa, Taiwan, Thailand and USA- Final Findings. This mid-term review was at the instance of the indigenious industry and in the representation submitted by it, it was pointed out that the deisgnated authority had restricted the width of the subject goods in the original investigation to 1250 mm. While doing so, no tolerance was prescribed. It is stated that no engineering product can be produced to the exact dimenions without any tolerance. It was further pointed out that in the absence of any tolerance in the recommendations and in the customs notification, the products of width 1250 mm or lower are being declared as having width of 1251 mm to 1300 mm and thereby anti dumping duty is circumvented. After detai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the contention of these respondents that the Notification prescribes that stainless steel of specified width will not be exceeding 1250 mm and, therefore, the same is not applicable in the case of the respondents. Challenging that decision these appeals are filed by the Revenue. From the narration of facts, particularly mid term review culminating in Notification dated 06.09.2011, it becomes clear that tolerance level of + 30 mm is to be taken into account. In this manner, if the width is between 1251 mm to 1280 mm, the anti dumping duty would be payable as per the Notification. The learned counsel for the respondents could not dispute that the imports are of the period after the issuance of the Notification dated 06.09.2011 and the wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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