9911796707
TMI Blog2017 (6) TMI 1170X X X X Extracts X X X X X X X X Extracts X X X X ..... anti-dumping duty on the product in question was expiring on 2.7.2017 and the entire exercise undertaken by the concerned authorities for mid-term review and sun-set review for continuing the anti-dumping duty for safe guarding the Indian industry engaged in manufacturing the product would have been of no avail at all. Hence, the permission as sought for is granted and matters were taken up today. 2. The counsel for the petitioners submitted that as per the order of this Court, the mid-term review has in fact been undertaken and the disclosure statement dated 7.5.2017 has already been published. This statement of disclosure contains prima-facie findings going in favour of continuing anti-dumping duty. They read as under: "Examination by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity of other export markets to absorb any additional exports; (c) whether imports are entering at prices that will have a significant depressing or suppressing effect on domestic prices, and would likely increase demand for further imports; and (d) inventories of the article being investigated. Out of the above four factors, the designated authority has taken into consideration the factors prescribed under subclauses (a) and (c). However, insofar as sub-clause (c) is concerned, the designated authority has placed reliance upon incorrect facts, namely, though the price undercutting is positive, it has considered the same to be negative and drawn its conclusions accordingly. Insofar as the factors prescribed under sub clauses (b) and (d) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same are not relevant factors at the stage of examination of likelihood of injury in a disclosure statement. The designated authority was, therefore, not justified in placing reliance upon factors like "injury margin" and the "price underselling" while considering the question of likelihood of injury to the domestic industry in case of revocation of duties. 89. In view of the above, while considering the likelihood aspect, under clause (vii) of Annexure -II to the Rules the authority considered inter-alia following factors: "90. present and continued imports The Authority has undertaken analysis of the volume of exports of the subject goods to India from the subject country during the injury period and post-POI period as well. The Auth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rested parties have provided any verifiable evidence and information with regard to existing surplus capacities, and consequent likelihood/possibility of increased dumped exports to Indian Market the domestic industry has furnished copies of I H S Chemical journal which provides significant information regarding Soda Ash Manufacturing in the subject countries viz. existing capacity, existing production, unutilized capacity and capacity expansion etc. As would be obvious from the table below that against Indian demand of approx. 3 million MT, the unutilized capacity in the subject countries is approx. 9.26 million MR(300.90% of demand in India) and capacity expansion (undertaken already as well as upcoming) is to the extent of 4.55 million M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rts to third countries which were at price lower than export price to India- is 2.23 Million MT amounting to 72.42% of existing demand in India. 93. Level of inventories The level of inventories available with the producers in subject countries could not be ascertained in view of lack of sufficient cooperation. The applicant and interested parties have however not established that volume of imports would not significantly increase in the event of withdrawal of ADD. 94. Export Orientation- Export orientation of all subject countries as a whole comes to 22% for USA, the export orientation is as high as 56%. Price attractiveness of Indian market 95. The Authority notes that the landed value of imports from the subject countries as a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inuing anti-dumping duty or otherwise is undertaken as per notification dated 16.6.2017, copy whereof is produced at page-247. In case if the exercise of sun-set review continues beyond 2.7.2017, then the earlier notification dated 3.7.2012 would lapse. However, as per the (ii) proviso to Section 9 (A)(5) of Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995; it is open to the Government of India to issue the notification extending the anti-dumping duty for further period of 1 year or part thereof so as to prevent lapsing of the anti-dumping duty notification leaving the indigent industry in lurch. 3. As the Sun-set Review had began as per the noti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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