9911796707
TMI Blog2018 (3) TMI 782X X X X Extracts X X X X X X X X Extracts X X X X ..... y Application No. 51001 of 2017 and Misc. Application No. 50105 of 2018 and Anti Dumping Appeal No. 50063 of 2018 with COD Application No. 50018 of 2018 Hon'ble Shri Justice Dr. Satish Chandra, President, Hon'ble Shri S.K. Mohanty, Member (Judicial) And Hon'ble Shri B. Ravichandran, Member (Technical) S/Shri V. Lakshmi Kumaran, Dhruv Gupta and Darpan Bhuyan, Advocates - for the appellants (for appellant - M/s Solar Industries India Ltd., M/s Ideal Industrial Explosives Ltd. and M/sIDL Explosives Ltd.) and S/Shri Rathesh M. and Pramod KumarRai, Advocates (for M/s SIA Uralchem Trading). Ms. Reena Khair, Shri Ameet Singh and Amar Anand, Advocatesfor DA, and Shri R.K. Majhi, Authorized Representative (DR) - forthe Respondent. Shri Mikhail A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ives Ltd.) who are importer/ user of the subject goods in India. The 4th appeal is by M/s SIA Uralchem Trading, the Exporter of the subject goods. The Exporter is aggrieved against not fixing individual AD duty for the exports made by them. 3. The learned Counsel appearing for the first three appellants (Indian importer/user) submitted mainly on the following lines:- (a) the scope of the PUC and the DI has not been properly assessed by the DA. It is the submission of the learned Counsel that Ammonium Nitrate should have been considered after properly appreciating the process of manufacture and nature of Ammonium Nitrate melt and low density Ammonium Nitrate. The DA failed in not considering Ammonium Nitrate melt as like article. This has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rted any product which was covered under PUC, to India. The DA also did not call for further clarification from them. 4. On the fourth appeal the learned Counsel for the exporter of the subject goods, at the outset submitted that there was a delay of 25 days in filing this appeal. He prayed for condonation of the same and to admit the appeal for an order on merit. Having considered the prayer and noting the reason for delay, we condone the delay and admit the appeal for decision on merit. The COD application is thus allowed. 5. The learned Counsel for SIA Uralchem Trading (Exporter) submitted that they are aggrieved by the denial of DA to fix individual dumping margin and individual duty to the appellant. Complete information for such fix ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he earlier investigation importers claimed distinction between "melt" and "solid" Ammonium Nitrate. She drew our specific attention to paras 16, 23 and 27 of the earlier finding dated 19/03/2004 and also paras 14, 20, 22, 38 and 83 of the present findings dated 01/08/2017. The process of converting "melt" to prill is sophisticated and advanced. She also laid emphasis on the scope of "like article" specified under Rule 2 (d) of AD Rules, 1995. 8. The learned Counsel for the DI claimed that the injury analysis is not contrary to provisions of Annexure II of AD Rules. Relying on the decision of the Tribunal in All India Glasses Manufacturers Federation vs. Union of India - 2016 (342) E.L.T. 563 (Tri. - Del.) and also Hon'ble Gujarat High Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manufactured in Indonesia cannot be considered. In any case, we note that the DA categorically recorded that the interested parties themselves have contended that Ammonium Nitrate cannot be imported in melt form. Since, there is production and sale of solid Ammonium Nitrate having density above 0.83 it is inappropriate to consider another article as like article to the imported product under consideration. It is recorded that only in a situation where there was no production of solid Ammonium Nitrate in the country, Ammonium Nitrate melt could be considered as like article to the imported product. With reference to claim of the appellant that Ammonium Nitrate solids converted out of Ammonium Nitrate melt it is seen that none of the interes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icant price depression in the market. The DI suffered in terms of market share, inventories, profit, cash profits and return on investment. We note that the conclusion of the DA regarding injury margin and causal link for such injury due to dumped imports cannot be contested either on law or on facts. 12. In All India Glass Manufacturers Federation (supra), this Tribunal held that NSR is not the only parameter to decide on AD duties. The other price effects of imports such as price suppression and price depression are to be examined. In the present case it is apparent and clear that the domestic industry suffered injury which is attributable to dumped imports of the subject goods from the subject countries and the findings of the DA in thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
