9911796707
TMI Blog2016 (10) TMI 69X X X X Extracts X X X X X X X X Extracts X X X X ..... R These are two appeals by M/s Perstorp Chemical Gmbh, a German company and Perstorp Chemicals (India) Pvt. Ltd., the Indian Importer. The appeals are directed against Final finding dated 10.04.2012 of the Designated Authority, Directorate General of Anti Dumping and Allied Duties, Ministry of Commerce and Industry and Customs Notification 33/2012-Cus(ADD) dated 20.06.2012 imposing AD duty on Pentaerythritol (subject goods) originating in or exported from European Union, except Sweden. The first originating in or exported from European Union, except Sweden. The first appellant is an exporter of subject goods affected by the AD duty and is challenging the said duty in the present appeal. 2. The brief facts of the case are that the Designat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (c) The D.I. represented by M/s. Kanoria Chemicals had specific agreement with M/s Asian Paints. The inter-se competition between them has not been analysed by the D.A. (d) The price under cutting on the injury margin for the appellant exporter should have been determined based on resale price of the appellant importer, not based on landed price. 4. The Ld. Counsel for the D.I. supported the findings of the D.A. It is submitted that D.I. provided sufficient information for initiating the investigation. The appellants' plea that the D.I. has suffered injury on account of alleged un-dumped import from Saudi Arabia is not correct. As per Annexure -II para (v) of the A.D. Rules, the D.A. is required to segregate injury caused by the un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and thereafter increased during POI. We noticed that the D.A. had examined the actual and potential production, capacity and capacity utilization sales of the subject goods. It is seen that the increase in demand is higher than the increase in production/ sales of the D.I. In spite of improvements in production, sales and capacity utilization, the price parameters of D.I. have significantly deteriorated during the POI. It is brought out in the final findings that the profitability of D.I. improved in 2007-2008 as a result of A.D. duty imposed on imports from other dumped sources. After taking note of other factors which may impact the profitability of the D.I., the D.A. concluded that the profitability deteriorated in POI due to dumping fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the D.I. Further, we find the D.A. has considered the data for POI. Apparently, the data for different period cannot be compared. Further, the D.A. categorically recorded based on the analysis of data that price Under cutting exists. The D.I. suffered price depreciation. The significant adverse impact of dumped imports may be established in terms of any one or more parameters listed as per the A.D. Rules. It is not necessary that the D.I. should have suffered injury in respect of all the injury parameters. Similarly, it is not necessary that the D.I. should have suffered injury during the entire injury period. We also take note that inter-se competition in DI. has also been considered and the D.A. who concluded that the same is not princip ..... X X X X Extracts X X X X X X X X Extracts X X X X
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