9911796707
TMI Blog2003 (8) TMI 259X X X X Extracts X X X X X X X X Extracts X X X X ..... ustoms Notification was issued. The final findings were reached upon a review of the anti-dumping duty imposed on Hard Ferrite Ring Magnets under Customs Notification No. 103/99-Cus., dated 6th August, 1999. 2. Under final findings impugned herein, the Designated Authority recommended the imposition of a higher amount of anti-dumping duty. The anti-dumping duty imposed is the differential amount between US $ 1123.8 per MT and landed value of imported Hard Ferrite Ring Magnet . This duty is applicable to all exports to India of the said ring magnets from all exporters/producers from People s Republic of China. 3. In the appeal, upward revision of duty has been challenged on many grounds like rate of anti-dumping duty cannot be enhanced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... causing injury to domestic industry cannot arise. Appellants, therefore, have urged that it is just and fair that varieties which are not produced in India are excluded from the operation of the anti-dumping duty. 5. In order to ascertain the correct factual position on the above submission of the appellants, we passed the following Miscellaneous Order on 20-5-2003 : The issue involved in this appeal at the instance of importers challenging imposition of duty on Hard Ferrite Ring Magnets (HFRM) all grades and sizes is that even though this product is commercially recognised and traded under different grades/types, a uniform rate of duty has been imposed. According to the appellant, the Designated Authority should have identified a tech ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nted that the position emerging from technical and commercial data filed in response to the Miscellaneous Order is that Hard Ferrite Magnets are characterised by their properties such as Residual Induction Br , Coercive force (Hcb) , Intrinsic coercive force (iHc) and Maximum Energy Product (BH max) . It is his submission that on the basis of maximum energy product (BH max) , which is a distinctive property of each grade of magnet, categorisation of magnets could be carried out and grades which are not manufactured in India excluded from the levy of anti-dumping duty. Learned Counsel further pointed out that this characteristic is taken note of in the various specifications including Indian Standards Specification. Learned Counsel als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h energy product below 2.8 MGOe min is that the domestic industry would be able to produce those varieties also. 8. Causal link between injury to domestic industry and import of dumped goods is a requirement in law for imposition of anti-dumping duty on dumped goods. In the present case, it is clear from the review petition of the domestic industry itself that interchangeability and consequent competition is in regard to hard ferrite ring magnets of energy product (BH max) 2.8 MGOe min and above. Import of Hard Ferrite Ring Magnet of below energy product (BH max) 2.8 MGOe min cannot have any effect on the Indian domestic industry and be the cause of injury to domestic industry. From the various materials produced before us, both technical ..... X X X X Extracts X X X X X X X X Extracts X X X X
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