9911796707
TMI Blog2004 (1) TMI 414X X X X Extracts X X X X X X X X Extracts X X X X ..... sition of duties was made pursuant to a Final Finding notified on 18-12-2001 by Designated Authority that the said items were being dumped from these countries and injury has been caused by such dumping to Indian domestic industry. The rates of Anti-Dumping duty were also the same as recommended by the Designated Authority. The first appellant M/s. Firma Chemiczna Dwory S.A. is the exporter from Poland, second and third appellants, namely M/s. Apar Industries Limited and M/s. Apcotex Lattices Limited are domestic manufacturers of HSR in India and the fourth appellant M/s. Paragon Rubber Industries is an importer of HSR. It may be noted here that investigation into dumping of HSR was initiated based on a Petition filed by the appellants M/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lue imposed Anti-Dumping duties. This contention is raised based on several deficiencies on the part of the Polish exporter, like late filing of reply to the questionnaire, failure to make available non-confidential summary of the response, the information filed by them being not complete, deliberate filing of false information etc. It is the domestic industry s contention that the information furnished by them about normal value was required to be accepted and investigation concluded by the Designated Authority in view of the failure of exporter to cooperate. 4. The submission of M/s. Paragon Rubber Industries is that, since the domestic industry manufacturers only HSR 1900 series, there was no requirement to impose duty on all varieties ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue verification of the data, including that of the Polish exporter, was also carried out. Examination of the records of the Designated Authority shows that the officers of the authority had verified the data furnished by the exporter during spot verification at site. That verification showed serious discrepancies with regard to consumption norm of main raw materials, exclusion of cost of interest and financing cost. It was also seen that costs relating to energy (steam and power), depreciation and general administration cost were not being taken into account. Accordingly, the authority determined the normal price of the goods by adding these elements of direct and indirect costs and after providing for a profit of 5%. Thus, normal value of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h direct cost of production and cost of administration and sales. In the present case, the Designated Authority has constructed the normal value after due verification of factual data made available by the Polish exporter. Normal value so arrived at certainly has greater authenticity than the data about normal value collected by the domestic industry from various sources. The determination of a fact like normal value is required to be done after consideration of data and material available from all sources. The Designated Authority is in the best position to make an informed decision on this. The domestic industry cannot be heard to insist that the data collected from public domain or otherwise by it should be the exclusive Source for the D ..... X X X X Extracts X X X X X X X X Extracts X X X X
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