9911796707
TMI Blog2016 (10) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... Technical) Ms. Reena Asthana Khair, Shri Rajesh Sharma and Ms. Rita Jha, Advocates - for the appellant. Shri Amit Singh, Advocate for DA and Govind Dixit, Authorized Representative (DR) - for the Respondent. For I.P. Shri Dhruv Gupta and Darpan Bhuyan, Advocates] R-6 and 13 ORDER The appellants are aggrieved by the Final Findings dated 19/11/2011 of the Designated Au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mination of Industry) Rule 1995, the DA recommended imposition of definitive AD duty on subject goods. The DA recommended specific AD duty on various categories of imports of subject goods. The appellants are only aggrieved with Proviso B category of subject goods, after the main table in the Customs Notification No. 3/2012. Proviso B relates to AD duty on Nylon Monofilament Yarn. No AD duty on su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mestic industry are selling significant volumes of mono filament yarn in the present period, though it was low during the period of original investigation. The injury caused to DI has been recognized by the DA. However, exclusions made in proviso to the table is contradictory. 4. Learned Counsel, representing respondent Nos. 6 and 13 (Foreign exporter and Indian importer) submitted that the prese ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r challenge. While the table in the notification fixes various specific amounts of AD duty on subject goods, the proviso provides for exemption to certain class of subject goods if their landed price is above a particular bench mark price. In other words there will be AD duty if the price goes below this mark. 7. We were informed that originally, the bench mark price was fixed at Rs. 172/- k.g. f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DA concluded that the subject goods are entering the Indian market at dumped prices and dumping margin is significant. Without AD duty the price undercutting and price underselling are significant from these countries. The DI continued to suffer material injury on account of continued dumping of subject countries. Hence, the DA recommended extension of AD duties. The exemptions subject to certain ..... X X X X Extracts X X X X X X X X Extracts X X X X
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