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TMI Blog2016 (9) TMI 1123X X X X Extracts X X X X X X X X Extracts X X X X ..... ve effect is justified? Held that: - It is only vide mid-term review that a conclusion contrary to the first Finding was arrived at and the Designated Authority has rightly observed that such conclusion would be applicable only prospectively. Such mid-term review for reviewing the changed circumstances was in terms of Rule 23 of the Anti Dumping Rules and making recommendations for withdrawing the duty. Based upon such mid term review, the Designated Authority could not have upset, its own Final Finding recorded in original investigation, in as much as having not put to challenge the same had attained finality. He has rightly observed that there is no provision under Rules empowering the Designated Authority to recommend discontinuation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esignated Authority recorded on 3.5.2011 and the consequent notification No. 58/2011-Cus. dated 8.7.2011. 2. As per facts on record, M/s. Tata Chemical Ltd., Mumbai, a domestic manufacturer of STPP filed an application before Designated Authority requesting initiation of Anti-Dumping investigation for levy of Anti Dumping duty on the imports of the subject goods originating in or exported from China. After due process of law and after due investigations made by the Designated Authority, Final Findings were given by him on 3.5.2011 recommending the imposition of Anti-Dumping duty from the date when earlier the provisional Anti-Dumping duty was imposed with effect from 21.9.2010. Based upon the said Final Finding of the Designated Authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M/s. Tata Chemicals. Further, M/s. Rhodia Specialty Chemicals India Ltd. had also stopped their production and surrendered their registration certificate to the Central Excise authority but did not inform the Designated Authority accordingly, He observed that if the Domestic manufacturing industry would have informed the authority about the stoppage of production of STPP by them, the said fact could have been considered by the Designated Authority and he could have considered termination of the investigation under Rule 14 of the Anti-Dumping Rules. Further, after observing so, the Designated Authority concluded that inasmuch as the purpose of Anti-Dumping duty, in general is to eliminate injury caused to the Domestic Industry by unfair trad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Advocate appearing for the Designated Authority and Shri Govind Dixit, learned DR appearing for the Revenue, we note that the facts in the present case are not in dispute. Admittedly, during the first investigation before the Designated Authority, covering the period of investigation, M/s. Tata Chemicals on whose behest, the investigation had been initiated, discontinued with the production of goods with effect from 1.3.2011. Similarly, the second Domestic Manufacturer M/s. Rhodia Specialty Chemicals India Ltd. also stopped manufacture of the subject goods STPP. However, the said facts were not brought to the notice of Designated Authority, during the course of investigation, which led to passing of Final Finding by the Designated Authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e not challenged by the appellant or the exporters and as such, attained finality. It is only vide mid-term review that a conclusion contrary to the first Finding was arrived at and according to us Designated Authority has rightly observed that such conclusion would be applicable only prospectively. Such mid-term review for reviewing the changed circumstances was in terms of Rule 23 of the Anti Dumping Rules and making recommendations for withdrawing the duty. Based upon such mid term review, the Designated Authority could not have upset, its own Final Finding recorded in original investigation, inasmuch as having not put to challenge the same had attained finality. He has rightly observed that there is no provision under Rules empowering t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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