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TMI Blog2018 (2) TMI 1422X X X X Extracts X X X X X X X X Extracts X X X X ..... r non-prosecution. Accepting the plea the appeal is restored. 2. By this appeal the appellant contested Customs Notification No.53/2016-Customs (ADD) dated 25/11/2016 imposing antidumping duty on "low ash metallurgical coke" originating in or exported from PR China and Australia. 3. The learned Counsel for the appellant submits that first of all they have challenged the said notification in the writ-petition (C/9284 of 2017) before the Hon'ble Delhi High Court. The High Court vide order dated 31/10/2017 has asked the appellants to approach the CESTAT within a period of two weeks. In compliance of the order, this appeal has been filed. 4. With this background, we have heard all the sides. It appears that the said notification has already ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dual volatile material. Met Coke is used as a primary fuel in industries where a uniform and high temperature is required in kilns or furnaces. 10. Met Coke is used in various industries including pig iron, foundries, ferro alloys, chemical, integrated steel plants and others. Met Coke is normally produced and sold in terms of weight expressed in KG or MT. The Met Coke imported into India is also with Low Ash content and that the ash content does not exceed 18%. Low Ash Metallurgical Coke is classified under Chapter Heading 27040030 of the Customs Tariff Act, 1975. The customs classification, however, is only for indicative purposes and is not binding on the present investigation. 11. The interested parties have merely quoted from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty also notes that it does not require any specific technology to manufacture Met Coke with low or high ash content. The production of Met Coke is dependent upon the ash contained in the coking coal. Lower the ash content of coking coal, the lower ash content would be there in Met Coke produced and vice versa. Therefore, there is no case of the interested parties for any exclusion from the product scope under the investigation. 12. With regard to like article, Rule 2(d) of the Rules provide as under: "like article" means an article which is identical or alike in all respects to the article under investigation for being dumped in India or in the absence of such article, another article which although not alike in all respects, has char ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... metallurgical coke received product with ash content of below 12.5% during the period of investigation. Supporting evidences were also submitted to show similar supplies during injury period and proof of import low ash coking coal by DI. We have perused these documentary evidences, which were claimed as confidential information, and we find that the findings of the DA on the scope of subject goods cannot be faulted either in law or on fact. 11. The appellants strongly contested the findings of the DA on the ambit and scope of Domestic Industry as considered by the DA. The main thrust of the argument is that captive consumption producers should not have been excluded from consideration. In this connection, we note that the DA recorded as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd., Bhushan Power and Steel Ltd., Jai Balaji Industries Ltd. and Usha Martin Ltd. The applicant has also provided the details from their respective annual reports for the above companies that there are either no sales of Met Coke by the major captive producers or the sales are negligible by some of the producers as compared to their total production of captive Coke. In this regard, the Authority has seen from the evidence on record that these companies are primarily using Met Coke for their captive consumption and in some cases, their domestic sales are negligible as compared to their total production of captive Coke. In addition, it is noted that there is one more captive producer, namely, Neelachal Ispat Nigam Ltd. and it is seen that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . As compared to base year 20112012, the increase in import is almost 15 times. The import in relative terms has also increased by about 43%. It was concluded that the imports in relation to production and consumption have significantly increased over the injury investigation period. On careful analysis of the price under cutting and price under-selling, the DA recorded there is a high level of price under selling and there is positive price under cutting of import of subject goods from subject countries. The conclusion drawn was that the DI has suffered injury with regard to all parameters of injury. We are in agreement with such detailed analysis and conclusion drawn by the D.A. 14. The appellants argued that the Domestic Industry (DI) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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