2017 (4) TMI 545 - AT - Customs

Levy of anti dumping duty on low ash metallurgical coke when imported from specified countries. - Challenge to the Customs Notification dated 25/11/2016 - The appellants strongly contested that there is no injury to domestic industry due to import of subject goods from the specified countries. The loss or injury, if any, to the domestic industry is not relatable to import of subject goods but are due to other reasons. Held that - The import from subject countries has increased significantly and the market share of domestic sales has actually come down, in spite of increase in total demand. The magnitude of dumping has been examined by the DA. On the causal link, the point raised by the appellant, like high inland freight cost and poor performance of DI due to other factors, due consideration was given by the DA in his investigation. The DA also specifically taken note of the imports made by Gujarat NRE from related party and their financial performance. It was noted that Gujarat NRE stopped buying coal from Australia in October 2013. Hence, there is no basis in the submission, that the losses are because of high coal prices, when importing from relating party. Each one of the point raised by the appellants have been dealt with adequately on legal and factual basis by the DA. - Levy of ADD upheld - Decided against the appellant.

Summary

Issues Involved:
1. Adequacy and correctness of information filed by the Domestic Industry (DI).
2. Scope of product for anti-dumping investigation.
3. Scope and standing of the Domestic Industry.
4. Economic parameters indicating injury to the Domestic Industry.
5. Causal link between the injury to the Domestic Industry and dumped imports.

Detailed Analysis:

1. Adequacy and Correctness of Information Filed by the Domestic Industry (DI):
The appellants argued that the DI failed to provide essential details such as sales volume, investment, net worth, and capital employed, which are crucial for the anti-dumping investigation. They contended that the methodology for arriving at normal value lacked clarity. The Tribunal, however, noted that the Designated Authority (DA) had conducted a prima facie analysis and was satisfied with the evidence provided by the DI before initiating the investigation. The DA's satisfaction was based on the initial examination, and the detailed investigation followed, leading to the final findings.

2. Scope of Product for Anti-Dumping Investigation:
The appellants contended that the scope of the product should exclude metallurgical coke with ash content above 15% and below 12.5%. They argued that the DA wrongly accepted that metallurgical coke with ash content between 15-18% is substitutable with that below 15%. The DA, however, found that metallurgical coke with varying ash content is technically and commercially substitutable, and documentary evidence supported this. The DA's findings were based on the evidence that user industries utilized coke with ash content above 15% and below 12.5% during the period of investigation.

3. Scope and Standing of the Domestic Industry:
The appellants argued that the DA wrongly excluded captive producers and users from the scope of DI. They cited WTO decisions to support their claim that captive consumers should be regarded as domestic producers. The DA, however, noted that captive producers, who primarily use their production internally, were correctly excluded as their production does not compete with imported goods. The DA's conclusion was based on the evidence that captive producers' sales were negligible compared to their total production.

4. Economic Parameters Indicating Injury to the Domestic Industry:
The appellants claimed that the DI did not suffer injury due to dumped imports, but due to other factors such as inefficient production processes and falling global coking coal prices. The DA, however, found that the imports from subject countries significantly increased during the period of investigation, causing serious injury to the DI. The DA's analysis showed a high level of price undercutting and underselling, leading to adverse impacts on the DI's performance.

5. Causal Link Between the Injury to the Domestic Industry and Dumped Imports:
The appellants argued that the DI's injury was not caused by dumped imports but by other reasons, such as high inland freight costs and poor financial performance due to unrelated factors. The DA, however, concluded that the significant increase in imports from subject countries and the corresponding decrease in the DI's market share, despite increased demand, indicated a clear causal link. The DA also considered other factors like the performance of Gujarat NRE and found no basis for the appellants' claims.

Conclusion:
The Tribunal found no merit in the appellants' arguments and upheld the DA's final findings and the customs notification imposing anti-dumping duty on the subject goods. The appeals were dismissed, and the miscellaneous applications for stay were also disposed of. The Tribunal emphasized that each point raised by the appellants was adequately addressed by the DA on both legal and factual grounds.

(Order pronounced in the open court on 07/04/2017)