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Issues involved:
Appeals arising from Final Findings in Anti-dumping investigation on import of calcium carbide from China and Romania. Challenges to domestic industry's locus and injury caused by imports. Domestic Industry's Locus: The appellants, as Indian importers, cannot challenge the normal value fixed by the Designated Authority as only exporters or manufacturers can do so. The Rules specify that normal value determination should rely on records kept by the exporter or producer, which the appellants are not. Therefore, they lack standing to question the normal value. Competence of Domestic Industry: Rule 5(3) requires domestic producers initiating proceedings to produce at least 25% of the total like articles in India. The petitioners need not constitute producers of more than 50% of the total production, as long as they meet the 25% threshold. In this case, the petitioners satisfied the 25% requirement and were validly representing the domestic industry. Injury to Domestic Industry: The Designated Authority found that the domestic industry suffered injury due to imports from China and Romania. The assessment of injury was based on fair selling price and cost of production, using generally accepted accounting principles. The Authority established a causal link between the injuries and the imports. Anti-dumping Duty: The Tribunal emphasized that anti-dumping duty should be in US $ to protect the domestic industry's interests. The duty imposed in Indian Currency was converted to US $ at the prevailing exchange rate during the investigation period. The duty rates for calcium carbide from China and Romania were adjusted to 13.88 US $ and 24.29 US $ per metric ton respectively. The order was confirmed with this modification. In conclusion, the appeals were dismissed with the confirmation of the Designated Authority's order, subject to the adjustment of anti-dumping duty to be in US $.
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