2016 (5) TMI 388 - SCH - Customs

Anti-dumping duty on caustic soda (sodium hydroxide) - Inclusion of sale price of chlorine in determining the cost of production of caustic soda - Tribunal held that the cost of production of caustic soda comes to almost same as has been adopted by DA by taking sale price of Chlorine into consideration. Therefore, in the absence of any discrimination made by the DA for arriving at the cost of production in respect of foreign manufacturers and domestic manufacturers, the importer without knowing the actual basis of cost of production applied by the foreign producers cannot raise the ground on any presumption reported in 2006 (5) TMI 218 - CESTAT, NEW DELHI - Apex court remanded the matter back to the Tribunal by directing that non-interference of it will not be taken note of by the Tribunal. - Apex Court disposed of the petition

Summary

The Supreme Court dismissed the special leave petition, stating that there is no justification to interfere with the case. The Tribunal should not take note of the Court's non-interference while adjudicating the matter. The case pertains to Civil Appeal Nos. 2242 of 2006 and 3481 of 2006.