2001 (5) TMI 193 - AT - Customs

Summary

Issues Involved:
1. Imposition of anti-dumping duty under Notification No. 149/2000-Customs.
2. Basis of computation of anti-dumping duty.
3. Inclusion of data from M/s. New India Industry in determining non-injurious price.
4. Examination of injury and causal link between dumped imports and injury to domestic industry.
5. Legal validity of the anti-dumping duty imposed.

Issue-wise Detailed Analysis:

1. Imposition of anti-dumping duty under Notification No. 149/2000-Customs:
The Notification No. 149/2000-Customs, dated 21-12-2000, imposed anti-dumping duty on black and white Photographic Paper imported from the U.K., France, and Hungary. The duty was calculated as the difference between the Reference Landed Value and the landed value of the imported photographic paper. The Reference Landed Value was set at US $2.87 per sq. mtr. for Black and White Photographic Paper in Jumbo rolls of French origin.

2. Basis of computation of anti-dumping duty:
The appellants contended that the anti-dumping duty was recommended without providing the data constituting the basis of computation. They argued that the Reference Landed Value of $2.87 was excessive. The Designated Authority, however, stated that the duty was based on the non-injurious price for the domestic industry and that the computation basis was disclosed to the appellants during the investigation.

3. Inclusion of data from M/s. New India Industry in determining non-injurious price:
The appellants argued that the Designated Authority erred in using the cost of production data from M/s. New India Industry, which was excluded from the domestic industry. The Designated Authority justified the use of this data, stating it was the most reliable for determining the cost of an efficient unit, and that excluding M/s. New India Industry did not bar the use of its data for calculating the non-injurious price.

4. Examination of injury and causal link between dumped imports and injury to domestic industry:
The Designated Authority must establish a causal link between dumped imports and injury to the domestic industry. The investigation revealed that Hindustan Photo Films Ltd. (HPF), the sole domestic industry, had been inefficient and sick prior to the investigation period. The non-injurious price was calculated based on data from M/s. New India Industry, not HPF. The Authority's findings indicated no causal link between dumped imports and injury to HPF.

5. Legal validity of the anti-dumping duty imposed:
The anti-dumping duty can only be imposed if dumping, material injury, and a causal link between the two are established. Since HPF's inefficiency was not caused by dumped imports, the imposition of anti-dumping duty was not justified. The recommendation for anti-dumping duty based on injury to an excluded producer was legally untenable. Consequently, the anti-dumping duty imposed under Notification No. 149/2000-Customs was quashed, and the appeal was allowed.

Conclusion:
The Appellate Tribunal concluded that the imposition of anti-dumping duty on Black and White Photographic Paper was not legally justified due to the lack of a causal link between dumped imports and injury to the sole domestic industry, HPF. The appeal was allowed, and Notification No. 149/2000-Customs was quashed.