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TMI Blog2016 (9) TMI 1225X X X X Extracts X X X X X X X X Extracts X X X X ..... es and for Determination of Injury) Rules, 1995 - Held that: - market share alone is not a fair indicator of presence of injury or otherwise. Domestic prices have been undercut by imports from the subject countries throughout the injury investigation period. Further, the prices of domestic industry has not increased in line with increase in costs. The profitability of the domestic Industry has been shown to be adversely affected during the said period. The Tribunal in Kothari Sugars & Chemicals Limited Vs. Designated Authority [2005 (8) TMI 411 - CESTAT, NEW DELHI] held that if the volume of imports at a particular price level is sufficient enough to have adverse impact on domestic selling prices, the same should not be taken into accoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Duties, Ministry of Commerce Industry and notification No. 104/2011-Cus dated 25.11.2011 of Ministry of Finance. The appellants are importers of hot rolled flat products of stainless steel (subject goods). Anti-dumping duty (AD duty) has been imposed on subject goods originating in or exported from European Unin, Korea, RP. South Africa, Taiwan and USA. 2. The brief facts of the case are that based on a petition filed by the domestic industry, the DA initiated anit-dumping investigation in April, 2010. The period covered is 1.4.2008 to 30.09.2009. The injury for the domestic industry was examined for period from April, 2005 to Sept. 2009. After following the procedure set out by the Customs Tariff (Identification, Assessment and Collec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recommendations against them. d) The market share and sales volume of domestic industry has increased while the market share and sales volume of exports from subject countries have declined. This will show that there is no injury to domestic industry. e) No information regarding country-wise quantity imported and assessable value has been provided by the DA. Only a cumulative figure for the subject countries has been given. The appellants could not put up an effective defence in their support in the absence full disclosure of information by the D.A. 4. Ld. Counsel for the D.A. supported the Final Findings. He reiterated that while dumping and injury margins are determined for participating producers and exporters from a country ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n covered imports from various countries simultaneously the DA followed the procedure in terms of para (iii) of Annexure-Il of AD Rules for cumulative assessment. Accordingly, the injury to domestic industry cumulatively from the subject countries was considered b} the D.A. 8. The appellants contested the Findings on the ground of decline in volume of imports. We note that there is increase in absolute terms during POI compared to base year (para 48 of Finding). Regarding increase in market share of domestic industry it has been noted that they chose not to increase the prices commensurate with the increase in costs in order to retain the market share and consequently suffered significant loss. It is apparent that market share alone is n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es not cooperate with the investigation, thus cause impediment to the investigation - Investigation Authority has discretion to rely on material as available before it and not bound to look into material which is produced by the interest party - Discretion of the authority in the area of appreciation of evidence cannot be restricted on the ground that. Anti-dumping Duty is 'manufacturer specific' or 'country specific'- Investigation Authority can make Best Judgement Assessment and can draw adverse inferences as per Rule 6(8) of the Customs Tariff (Anti-dumping Duty on Dumped Articles), Rules, 1995 - Section 9A (l) (c) of the Customs Tariff Act, 1975. 12. Further, the Tribunal in Kothari Sugars Chemicals Limited Vs. D ..... X X X X Extracts X X X X X X X X Extracts X X X X
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