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TMI Blog2002 (11) TMI 390X X X X Extracts X X X X X X X X Extracts X X X X ..... amcor who has recently started producing funnels. These products are purchased by BPL, JCT, LG, Samtel who make complete picture tube and sell the same to all colour TV manufacturers like Samsung, Phillips, Videocon etc. The appellant has been importing Strontium Carbonate, one of the chemicals used as basic raw material for the manufacture of its product. Under Notification No. 70/2001 dated 26-6-2001 Govt. of India imposed anti-dumping duty on Strontium Carbonate originating in and exported from China P.R. and imported into India @ US $ 213.37 PMT. This imposition of duty was pursuant to the recommendation of the Designated Authority in his final finding under Notification dated 15-6-2001. In the final finding the Designated Authority had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lass shell and Strontium Carbonate in that form is not manufactured by TCM. 4. The appellants have explained that 16 different chemicals are used as basic raw material including Strontium Carbonate. In order to maintain the quality of picture colour tube the chemical composition of Strontium Carbonate with its impurities and other constituents should be strictly as per the specification. It is also required that physical size of the material should be in accordance with the specification. Any change in the specification would affect the quality of the final product leading to large scale rejection on grounds of quality. According to the appellant glass quality is affected when Strontium Carbonate in powder form is used in the following ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r form produced by the domestic industry is usable in by ferrite and steel industries. Therefore, no injury is caused to the domestic industry due to import of Strontium Carbonate in granular form from China P.R. At any rate there cannot be a causal link between the import of Strontium Carbonate in granular form from China P.R. and the injury if any, suffered by the domestic industry which manufactures Strontium Carbonate in powder form, as glass TV shells industry cannot constitute a market for Strontium Carbonate in powder form. 6. It was submitted on behalf of the Designated Authority that there was no reason to interfere with its finding that Strontium Carbonate in powder form and granular form is interchangeable and they are like art ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the granule form. However, it is felt that the company may not be able to produce this product in commercial form in the near future. Till such time the company undertakes commercial production of this product in granule form, we consider that revoking anti-dumping duty on granule form would not adversely affect us. We, therefore, do not oppose exclusion of Strontium Carbonate in granule form till such time we start producing the product in commercial volumes. [Emphasis supplied] From the above letter it is clear that the domestic industry is not in a position to manufacture and supply Strontium Carbonate in granular form which is required by the appellant. 8. Rule 11 of the Customs Tariff (Identification, Assessment and Collect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xperienced by the Indian DBM industry. Reliance was placed on an earlier decision of this Tribunal in Birla Periclase v. Designated Authority (Anti-Dumping), GOI - 2000 (116) E.L.T. 336 (Tribunal). 9. In the present case, even if we accept the finding of the Designated Authority that Strontium Carbonate in granular form imported and Strontium Carbonate in powder form produced by domestic industry are like articles, we cannot hold that imported Strontium Carbonate in granular form is in commercial competition with the domestically produced Strontium Carbonate in powder form. Apart from the detailed arguments made by the appellant on its requirement of Strontium Carbonate in granular form for maintaining quality of its product, the domestic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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