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2018 (3) TMI 655

of AD duty alleging no injury to the DI - Held that: - All castings, whether or not machined, in raw, finished or sub-assembled form, or as a part of sub-assembly, or a part of an equipment/ component, meant for wind operated electricity generators are covered in the present investigation - there could be no ambiguity or possibility of confusion in understanding the scope of PUC covered in the AD investigation. - Scope of the DI - locus of M/s Bradken India Pvt. Ltd. to be considered as DI - Held that:- Since, the investigation is restricted to the PUC, we are not concerned with the stature and size of L&T or Bradken India Pvt. Ltd. This has nothing to do with the examination of relevant economic parameters by the DA. Such economic parameters are examined only with reference to manufacture of PUC by L&T/ Bradken India Pvt. Ltd. The other activities and business of L&T has no bearing to the present investigation. - After detailed analysis of demand, import volume, market share, price effect 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 .....

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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 of PUC in India is the domestic manufacturer. M/s Inox, M/s Jiangsu, M/s Dalian and M/s Dalian filed appeals contesting imposition of AD duty on PUC. M/s Bradken filed appeal against fixation of lesser AD duty on such imports. 3. The learned Counsel, appearing for first four appellants, contesting the imposition of AD duty, submitted that the scope of product was not properly defined by the DA resulting in improper application of AD levy on products which should not have been covered in the investigation. He submitted that the AD investigation expanded the scope of product when compared to the notification issued for initiating the investigation. A wind mill requires a number of casting parts including hub, mount frame, base frame, .....

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n 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 imposition of AD duty, the learned Counsel for the DA submitted that the DA has categorically recorded the existence of dumping and quantum of dumping in para 70 of the final finding. The return on capital and profit are substantially negative for the DI. There is clearly injury to the DI. On merit, the finding on dumping and injury cannot be contested. 9. Elaborating the grounds of appeal, filed by the DI against the final finding, the learned Counsel submitted that the exporters are from China and it is a recognized fact that the China PR is a non-market economy. Referring to Annexure-I para 7 of the AD rules, she submitted that having treated China as non-market economy, the normal value has been computed based on .....

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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 operated electricity generators was the generic description of the goods. The Initiation Notification in fact elaborately indicated various castings parts by name and also indicated that these castings are used in the wind turbines alongwith some non-casting parts and components leading to the generation of electricity. All castings, whether or not machined, in raw, finished or sub-assembled form, or as a part of sub-assembly, or a part of an equipment/ component, meant for wind operated electricity generators are covered in the present investigation. We note that there could be no ambiguity or possibility of confusion in understanding the scope of PUC covered in the AD investigation. We find no merit at a .....

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ative 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. 16. Considering the appeal by the DI, we note the only grievance of the appellant is that the DA has committed a serious error in quantifying the dumping margin and injury margin. This is because the DA adopted the same weight comparison for normal value/non-injurious price and export price/landed price of imports. The exported goods were mainly machined castings. Comparison made is with rough castings made by DI. Since, the final finding did not come out with clear analysis and specific finding on this claim of the appellant/DI we have specifically directed the learned Counsel for the DA to file his comments with supporting data. However, no such written comments were filed by the DA. .....

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