TMI Blog2018 (3) TMI 655X X X X Extracts X X X X X X X X Extracts X X X X ..... omic 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 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. While upholding the imposition of AD duty as per the final finding, we direct the DA to examine, afresh, the factual claims made by the DI on this aspect. After due examination, the DA may issue his finding on this aspect. In case based on the factual input, the margin of dumping and thereby the injury parameters vary then the AD duty shall ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orts. 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, lateral suspender, pitch spot, gear parts, yaun brake, etc. The PUC has been collectively referred to as casting for wind operated electricity generators. Originally, M/s L T, vide their letter dated 24/07/2015, sought initiation of investigation against import of Castings of wind operated electricity generators from China PR. However, the initiation notification mentioned PUC as Castings for wind operated Electricity Generators, whether or not machined in raw finished or special assembled, form as a part of special assembly or part of an equipment/component meant for wind operated electricity generators. The learned Counsel submitted that this will amount to expa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the cost of raw castings of the DI. The exporters have exported finished castings to India. Dumping margin has been computed by taking computed price (based on cost of DI) of raw casting and the export price has been taken for finished castings. This is in clear violation of para 6 (i) of Annexure-I to AD Rules. Accordingly, the quantum of AD duty imposed is much lesser than what ought to have been correctly determined by D.A. 10. The learned Counsel for the DA supported the final finding. He submitted that the scope of DI as well as the PUC have been correctly considered by the DA. The request for initiating anti-dumping investigation for the castings have been repeatedly fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re 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 all in the claim of the appellants that the scope was not properly defined and the DA had added certain items which were not covered in the Initiation Notification. We find the said assertion as not factually correct. 14. Regarding the scope of the DI and the locus of M/s Bradken India Pvt. Ltd. to be considered as DI, we note that the background of the initial request by L T and the transfer of business from L T to Bradken India Pvt. Ltd. have all been examined and recorded by the DA. 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 economi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se 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. In the absence of any further clarification on this issue from the DA, we are constrained to go by the facts and analysis to the extent available in the final finding dated 28/07/2017. As already noted this crucial aspect regarding the export items being substantially being finished castings and the data comparison details for DI is for rough castings, we note that this aspect requires re-examination by the DA for clear and informed decision on the correctness of the data analysis by the DA for fixing the quantum of AD duty. Since, the appellant DI had forcefully contended that there is a factual error in the comparison and the weight difference between rough and finished casting will be i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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