TMI Blog2000 (2) TMI 139X X X X Extracts X X X X X X X X Extracts X X X X ..... al C/160/99-AD is by M/s. AIIGMA, an importer of calcium carbide from Romania. Appeals C/161-162/99/-AD are at the instance of M/s. DCW Ltd. and M/s. Senka Carbon, importers of calcium carbide from China. Contentions raised by the appellants in these appeals are identical. So, we consider it advantageous to dispose of these appeals by a common order. 2.Main arguments advanced by the learned Counsel representing the appellants were two-fold. The first one was that domestic industry which moved the Designated Authority for initiating proceedings had no locus. The second argument was that the imports of calcium carbide from China and Romania did not cause any injury to the domestic industry. The finding arrived at by the Designated Authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the article in question. Those records which are kept in accordance with the generally accepted accounting principles of the exporting company need alone be relied on. It further states that those records should reasonably reflect the cost associated with the production and sale of that article. From this it is clear that in determining the normal value, Designated Authority is to take into consideration the records kept by exporter or the producer of the article in question. Documents maintained by others are not relevant. In the instant case, manufacturers and exporters from subject countries did not cooperate. Consequently, the Designated Authority resorted to the procedure allowed by the Rules. Fixation of normal value, so made, cann ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the Designated Authority would fall far below 50% of the domestic production. In this circumstance, it was argued that the petitioners before the Designated Authority had no locus standing to maintain the petition. On that short ground the entire proceedings before the Designated Authority should be quashed. 6.The above argument of learned Counsel representing the appellants is not borne out from the provisions of Rule 5(3) of the Rules. For a proper understanding of the provision contained therein, we read the same: "(3) The designated authority shall not initiate an investigation pursuant to an application made under sub-rule (1) unless, (a) It determines, on the basis of an examination of the degree of support for, or oppositi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Counsel representing the appellants submits that petitioners before Designated Authority should satisfy another basic requirement as well. That requirement is that they must be producers who produce more than 50% of the total production of the like article. This condition is not satisfied and so petition must fail. If this argument is accepted, we fail to see why Rule fixed basic requirement of 25% of the total production at the initial stage to see whether application is maintainable or not. So petitioners before Designated Authority need not constitute producers of more than 50% of the total domestic produce. Fifty percent-made mention of in the Explanation is that portion of domestic industry, expressing either support for or oppositi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ic industry before the Designated Authority for initiating proceedings was a valid one on behalf of the domestic industry. We do not find any merit in the first contention raised by the learned Counsel representing the appellants. Accordingly we overrule the first contention raised on behalf of the appellants. 7.Designated Authority went into the different parameters, which adversely affected the domestic industry as a result of import of calcium carbide from China and Romania, subject countries. In majority of those parameters, the Designated Authority found that domestic industry suffered injury. In assessing the quantum of injury sustained by domestic industry, the Designated Authority found the fair selling price taking into consider ..... X X X X Extracts X X X X X X X X Extracts X X X X
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