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TMI Blog2018 (3) TMI 655X X X X Extracts X X X X X X X X Extracts X X X X ..... ichandran Before proceeding with the regular appeals, we note these appeals were, in fact, dismissed on 04/12/2017 by the Tribunal on the ground of default of non-appearance of the appellants. After hearing the learned Counsel for the appellants and on perusal of the miscellaneous application, we recall final order and restore the appeals to their original numbers. We proceed to hear the said restored appeals for a decision on merit. ROAs allowed. 2. These five appeals are against final finding dated 28/07/2017 of the Designated Authority (DA), Directorate General of Anti-Dumping and Allied Duties, Ministry of Commerce and Notification No.42/2017 CUS-ADD dated 30/08/2017 issued by the Ministry of Finance imposing definitive Anti-Dumping Duty on imports of "Castings for Wind Operated Electricity Generators" (PUC) originating in or exported from China PR. M/s Inox Wind Limited are importers of PUC, M/s Jiangsu FAW Foundry Co. Ltd, M/s Dalian Huarui Heavy Industry Casting Co. Limited and M/s Dalian Huarui Special Transmission Equipment Co. Limited are exporters of PUC to India. M/s Bradken India Pvt. Ltd. (DI) which applied for initiation of Anti-Dumping investigation against import ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is submitted that the scope of DI has not been properly recognized and analyzed by the DA. The mention of initiation notification in the application made by M/s L&T is not tenable. In other words, M/s L&T could not have referred to initiation notification which was on a much later date. 6. The learned Counsel for the DI opposed the above four appeals. She submitted that the scope of PUC has been correctly examined and investigated by the DA. The petition made by the DI elaborately explained nature of PUC. The prayer for initiating AD investigation is clear and specific. There is no ambiguity or expansion of scope with reference to PUC. 7. M/s L&T have been pursuing the matter for initiation of AD investigation on the import of PUC. Later M/s Bradken has taken over the business operation of M/s L&T with reference to PUC. The status of DI has been correctly examined by the DA as can be seen from para 23 of the final finding. In fact, M/s L&T has been pursuing the matter from 2012 onwards by repeatedly filing application for AD investigation. Hence, there is no infirmity in the investigation carried out by the DA with reference to scope of PUC as well as DI. 8. On the impositio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... export price of finished castings resulted in fixation of lesser quantum of AD duty, he submitted that the DA vide my mail dated 17/07/2017 asked the interested parties to clarify as to whether the weights are for finished castings or raw castings. The DA considered the weight in the packing list by the exporter and invoice of DI before arriving at his conclusion. 12. The learned AR for Revenue supported the customs notification for imposition of AD duty. The said notification is upon acceptance of the final finding of the DA. 13. We have heard all the sides and examined the appeal record. We take up the appeals by the Indian importer and Chinese exporters first. These appeals mainly agitated on the scope of PUC and DI as well as contesting the imposition of AD duty alleging no injury to the DI. Regarding the scope of PUC, we have examined the terms of Initiation Notification dated 01/02/2016 and the detailed final finding dated 28/07/2017. The claim of the appellants that the DA had expanded the scope of investigation and recommended AD duty on certain parts which were not to be covered by the investigation is not factually correct. We note that all along castings for wind opera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of imported goods, price undercutting/under selling/ price suppression/depression and also the economic parameters of DI, the DA arrived at his conclusion regarding existence of dumping and its consequence on the DI causing injury. In fact, the DI had suffered substantial loss during the material period and there were negative return on capital employed. This is clear from the analysis of the DA at para 108 of the final finding. The DI suffered losses throughout the injury period though some cash profits were made during 2013-2014 and POI. All parameters indicated worst performance during 2012-2013 which improved subsequently though the performance continued to be overall in the negative side only. In the face of such factual finding, we note that the claim of the appellants that the DI did not suffer any injury due to import of PUC is not factually correct. As such, we note that the categorical finding of the DA regarding substantial dumping and impact of dumping on domestic industry being adverse and significant cannot be contested. As such, we note that the appeals filed by the exporters of PUC to India and the Indian importer are without merit and are accordingly dismissed. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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