9911796707
TMI Blog2016 (10) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... r two distinct groups for purpose of exemption. After assessing various factors like, volume effect of dumped imports, demand, market share, price effect, price suppression/depression and economic parameters affecting the DI, the DA concluded that the subject goods are entering the Indian market at dumped prices and dumping margin is significant - appeal dismissed - decided against appellant. - Anti Dumping Appeal No. 11 of 2012 - Final Order No. 53301/2016 - Dated:- 31-8-2016 - Shri Justice Dr. Satish Chandra, President, Mrs Archana Wadhwa, Member (Judicial) and Shri B. Ravichandran, Member (Technical) Ms. Reena Asthana Khair, Shri Rajesh Sharma and Ms. Rita Jha, Advocates - for the appellant. Shri Amit Singh, Advocate for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ir landed price is above US $ 5.17. In other words, such goods will have no AD duty if the landed price upon import is not below US $ 5.17. 3. The learned Counsel for the appellant submitted that such special treatment to a class of subject goods based on bench mark reference price is not justifiable. When the Final Finding on dumping and injury is categorical, the exemption to one variety of subject goods linking to bench mark landed price is arbitrary and does not meet the requirement of protecting DI from injury. The price of caprolactum, the main raw material, to manufacture subject goods, increased not only within the POI but also subsequently. There is no justification for dual form of duty on the same subject goods. The constituen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice goes below this mark. 7. We were informed that originally, the bench mark price was fixed at ₹ 172/- k.g. for all types of categories. Later, the same was enhanced to 4.24 US $ and 5.17 US $ for two distinct groups for purpose of exemption. Proviso B group, which is now in dispute carries a bench mark landed price of 5.17 US $. Thus we note that the DA had taken note of trend in normal price, NIP with reference to changed parameters including price fluctuation for caprolactum. The concern of DI in this regard has been dealt by the DA. In para 68 of his final findings the DA had noted his analysis of the stocks of raw material, purchases of raw material and its consumption. No unusual trends were noticed during POI. After assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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