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TMI Blog2011 (3) TMI 1345X X X X Extracts X X X X X X X X Extracts X X X X ..... On a complaint filed by the Automotive Tyre Manufacturers Association (Domestic Industry), the DA initiated anti-dumping investigations leading to issue of:- (i) Final Finding Notification dt.29.6.2007 (ii) Customs Notification No.88/2007 dt.24.07.2007 imposing anti-dumping duty on tyres, tubes and tyre-flaps (subject goods). 2. In appeal Nos.AD/11 & 12/07 and AD/01/08, the final findings and imposition of anti-dumping duty have been challenged respectively by:- (i) Automotive Tyres Importers Association (ATIA), (ii) All India Confederation of Goods Vehicle Owners Association (ACOGOA). (iii) M/s.Shandong Jinyu Tyre Co.Ltd.(Exporter). Learned Advocate, Shri Sailender Saini appearing for the fir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... letter dated 22.9.06 from a chartered accountant (without enclosures) addressed to the Director in the DA s office purportedly furnishing information in respect of 4 members of ATIA. He also produces a copy of ACOGOA s letter fy/16/10/2006 to the Director in D.A. s office intimating that ACOGOA is an association of State/District level Truck Owners Association and that its object is to promote the interests of the people engaged in goods transport business. These two copies of letters submitted by the learned Advocate, Shri Saini are grossly deficient in proving the credentials of ATIA and ACOGOA as Interested Party under the Anti-Dumping Rules. Rule 2(c) of the said Rules reads as follows:- Interested Party includes (i) an exporte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Domestic Industry has increased as also its market share, capacity utilization etc. which do not justify imposition of anti-dumping duty. On behalf of the appellant exporter, he also makes a point that the DA has not compared like goods for the purpose of the present investigation. 6. Ms.Reena Khair, learned Advocate for the domestic industry and Mr.Ameet Singh, learned Advocate for the DA argue in support of the levy stating that the findings of the DA are detailed on each aspects the case examined by him. He has taken an overall view after analysing all factors and the same cannot be faulted with. The Domestic Industry has taken additional grounds in its appeal seeking re-determination of dumping margin without accepting th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indings that the Domestic Industry has suffered material injury. (vi) Similarly, after a detailed examination, the DA has arrived at a fair conclusion that the dumped imports have caused material injury. 8. We find that the DA has taken into consideration the provisions of Rule 11 of the Anti-Dumping Rules and the Annexure-II to the Rules referred to therein in regard to determination of injury. He has examined both the volume effect and the price effect of the dumped imports referred to in clause (i) of the said Annexure II and he has examined the relevant economic factors referred to in clause (iv) of the said Annexure II. It is well settled that the DA is required to examine the overall impact of the dumped imports by eva ..... X X X X Extracts X X X X X X X X Extracts X X X X
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