9911796707
TMI Blog2022 (3) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... for the respondent No.3 being the Gujarat State Fertilizers and Chemicals Ltd. 2. The petitioner is an importer of an article named 'Melamine' which is used as a raw material for the production of plyboard and other articles. The respondent No.3, Gujarat State Fertilizers and Chemicals Ltd., is a domestic industry engaged in the production of Melamine. 3. Section 9A of the Customs Tariff Act, 1975 provides that where any article is exported from any country or territory, referred to as the exporting country or territory, to India at less than its normal value, then, upon the importation of such article into India, the Central Government may, by notification in the Official Gazette, impose anti dumping duty not exceeding the margin of dump ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ule (4) thereof, the designated authority shall initiate an investigation to determine the existence, degree and effect of any alleged dumping only upon receipt of a written application by or on behalf of the domestic industry. In exercise of power under Rule 5(1) of the AD Rules of 1995, the respondent No.3 Gujarat State Fertilizers and Chemicals Ltd., had made their application before the designated authority for the purpose of initiation of investigation. Rule 6(2) of the AD Rules of 1995 inter alia provides that a copy of the public notice shall be forwarded by the designated authority to the known exporters of the article alleged to have been dumped, as well as to the Governments of the exporting countries concerned and other intereste ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tantial inputs which were at a variance with that of what would have been for a normal period. Without expressing any view on the merit of such claim, if certain factual and circumstantial inputs pertaining to the Covid19 pandemic period which may be at a variance from the inputs that may have been in the normal period are made the basis for the final determination of the non-injurious price as well as the consequential anti dumping duty that may be imposed may be incorrect. 10. The petitioners claim that they have already submitted a representation dated 09.02.2022 before the designated authority on the issue as to whether any incorrect factual and circumstantial inputs were made the basis of arriving at the disclosure statement. As incor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osure Statement (including facts given on a confidential basis), the Designated Authority would consider all replies given on merits in order to arrive at a final determination." 12. Clause 4 which provides that notwithstanding the fact given in the disclosure statement including the facts given on a confidential basis, the designated authority would consider all replies given on merits in order to arrive at a final decision, we are of the view that the requirement to give a consideration on the representation would also be in conformity with the provisions of clause 4 of the disclosure statement dated 02.02.2022. An apprehension is raised that as per the prevailing law, the final determination on the disclosure statement is required to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
