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TMI Blog2012 (10) TMI 918X X X X Extracts X X X X X X X X Extracts X X X X ..... en issued by the Ministry of Finance, Department of Revenue based on the said final findings, imposing anti-dumping duty on Ceftriaxone Sodium sterile exported by the appellants at the rate of US$ 55.61 per kg. Though several grounds have been taken in the appeal, the learned counsel Shri Tarun Gulati confines his arguments to the following three grounds:- (i) The petitioner M/s. Aurobindo Pharma has alone been considered as the domestic industry for the purpose of this investigation excluding other domestic producers and the 100% EOU, and ignoring the fact that the said petitioner himself had been sourcing intermediate products from the subject country and has long term contracts with some of the exporters in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oners. 4. We find that the submissions in this regard made by the appellants have been duly examined by the D.A. It has taken note of the fact that the petitioner-domestic industry did indicate that there were four other producers of the subject goods in India namely M/s. Orchid Chemicals; M/s. Lupin Lab; M/s. Nectar Life Science and M/s. Kopran Ltd. It also took note of the fact that all these four domestic producers had imported the subject goods during the POI and hence they did not qualify to be considered as domestic industry under the Anti-dumping Rules. During the course of hearing, it was submitted before us that the petitioner domestic industry produces as much as 86% of the subject goods. Further, it was ascertained that tho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubsidiaries who process 7-ACA to Ceftrixone Sodium Crude under a processing agreement with the responding exporter. Significant quantities of 7-ACA is being procured by Dawnrays from other major producers of 7 ACA in China, who are also subject to this investigation and have not been granted market economy treatment. The authority notes that 7-ACA constitutes a very significant proportion of the cost of production of the subject goods and therefore, any distortion in this price affects the cost and price structure of the responding exporter, which does not reflect the true market condition. Since the price of major raw materials which are produced in non-market oriented conditions and sold in the domestic market, the import price into the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h, we do not find any valid reason to interfere with the finding on the Market Economy Status given by the D.A. which has been done after analyzing all aspects of the case, apart from the fact that the import prices at which the appellants are sourcing only about 5% of their raw material requirement internationally are quite low compared to the international import prices prevailing in India as per DGCIS data, which goes to indicate that the appellants are not operating in a Market Economy scenario. 7. The learned counsel for the appellants has argued that the D.A. has granted excessive confidentiality thereby denying an effective opportunity to the appellants to question the normal price which has been determined in respect of the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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