TMI Blog2018 (3) TMI 782X X X X Extracts X X X X X X X X Extracts X X X X ..... ly in absolute terms, but also in relation to production and consumption in India. Such imports under cut prices of DI leading to significant price depression in the market. The DI suffered in terms of market share, inventories, profit, cash profits and return on investment - 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. Since, the ultimate actual exporter of subject goods to India did not file E.Q.R. the producer/exporter had been treated as noncooperative. Appeal dismissed. - Anti Dumping Appeal No. 51864 of 2017 with Stay Application No. 50999 of 2017 and Misc. Application No. 50101 of 2018 - Final Order No. 51009-51012/2018 - Dated:- 16-3-2018 - Anti Dumping Appeal No. 51864 of 2017 with Stay Application No. 50999 of 2017 and Misc. Application No. 50101 of 2018, Anti Dumping Appeal No. 51865 of 2017 with Stay Application No. 51000 of 2017 and Misc. Application No. 50100 of 2018, Anti Dumping Appeal No. 51866 of 2017 with Stay 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 consequences in examining the question of dumping as the Indonesia does not have production of high density Ammonium Nitrate. In fact M/s PT Kaltin Nitrate, Indonesia vide their letter dated 09/09/2016 stated that only low density Ammonium Nitrate is manufactured. Referring to earlier investigation by the DA resulting in final finding dated 19/03/2004, the learned Counsel submitted that the present finding of excluding melt is contrary to the said finding. This affected the injury analysis and outcome of investigation for dumping. Melt is not another product. (b) injury analysis as recorded in the earlier finding dated 19/03/2004 and the present finding dated 01/08/2017 are contrary. The Net Sales ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w density Ammonium Nitrate, it is not established that Indonesia does not have production of high density Ammonium Nitrate. In fact submission of blank questionnaire response by M/s Kaltim with endorsement of NA in most of the details resulted in lack of clarity on this crucial issue. Further, it is submitted that when there is no grievance by the exporter, the Indian importer cannot raise this issue as they are not the parties to provide factual details to defend their assertion. 7. On the contradiction between earlier and present finding of the DA with reference to scope of the product under consideration, it is submitted that in the 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 Anne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ium Nitrate melt it is seen that none of the interested parties provided any verifiable evidence of such production of solid Ammonium Nitrate from melt. Apparently, the DA was not in a position to take such solid Ammonium Nitrate on part of the DI. Regarding the claim of PT Kaltim Nitrate, Indonesia, we note that they did not file exporter s questionnaire response and merely submitted certain arguments. There is no verifiable information with regard to the goods exported by the company. The DA treated PT Kaltim Nitrate, Indonesia as non-cooperative in view of incomplete exporter response filed by them. 11. Regarding the submissions of the first three appellants (importers in India) with reference to injury analysis, we note that the same has been done in compliance of provisions contained in Annexure II to AD Rules. A close perusal of the final finding reveals that the volume of import has gone up; imports of PUC have increased in relation to consumption in India; price under cutting is positive and significant; the prices of DI were suppressed on account of dumped imports, as the DI was not able to increase its prices in proportion to increase in its costs. We note that the DI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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