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TMI Blog2015 (6) TMI 731X X X X Extracts X X X X X X X X Extracts X X X X ..... n of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as 'Rules') and determined the anti-dumping duty on the basis of "best judgment assessment". There is no dispute that in those cases where the noticee does not cooperate in the inquiry or furnishes the requisite material, it is open to the Designated Authority to invoke Rule 6(8) and determine the normal value of the product on the basis of "best judgment assessment". This is so held in the case of Designated Authority v. Haldor Topsoe [2000 (7) TMI 77 - SUPREME COURT OF INDIA]. However, while carrying out the "best judgment assessment", it is necessary for the Designated Authority to base its decision on the relevant consideratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... site material, it is open to the Designated Authority to invoke Rule 6(8) and determine the normal value of the product on the basis of best judgment assessment . This is so held in the case of Designated Authority v. Haldor Topsoe [2000 (6) SCC 626]. However, while carrying out the best judgment assessment , it is necessary for the Designated Authority to base its decision on the relevant considerations/ material. In the present case, we find that the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as ' CEGAT ') has found many loopholes in the exercise carried out by the Designated Authority which prompted the CEGAT not to accept the valuation of goods arrived at by the orders of the Designated A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the industry, gives a graphic account of the global capacity shared by Europe and other parts of the world and provides a list of the major aniline producers of the world. We have also seen the next page [42] of the same magazine. This page appears to contain the weekly report of U.S. and European prices of a number of chemicals and polymers. But aniline is nowhere in this price list. We have also seen a similar price report in page 31 of the 1999 October 6 issue of chemical week produced by the counsel for the appellants. Aniline does not figure in this list either. It is also, incidentally, noticed that any such article on Aniline as above is conspicuously absent in this issue of the journal. The only conclusion that can be drawn from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... they are found to favour of position that official publications in the country of exportation can be accepted as a source of best information in antidumping investigations. It is stated, for instance, that the minimum price guidelines published under the Davignon Plan of European Coal and Steel Community were utilised to show home market prices of products in Belgium, France and the U.K. Another instance is that, in an investigation in Sugar from France, Belgium and Germany, the prices published in the Official Journal of the European Communities were relied on. Joseph Pattison does not provide anything to support the counsel's plea that the Designated Authority has had the best information of European Union home market prices of An ..... X X X X Extracts X X X X X X X X Extracts X X X X
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