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TMI Blog2016 (10) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... of such duty. The reference price based AD duty imposed is based on analysis of various parameters, more specifically of the price behavior of the imported goods, domestic goods, dumping margin and the injury to the domestic industry. Unless it is established with positive evidence that serious error has happened in any of these analysis, Tribunal will not be interfering with the finding of the Designated Authority as the finding of the Designated Authority were based on material facts and the same cannot be overturned based on purported subjective grievance of the appellant - appeal dismissed - decided against petitioner. - AD/4023/2012 - Final Order No. 53280/2016 AD - Dated:- 30-8-2016 - Mr. Justice (Dr) Satish Chandra, President, Mrs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the appellant that the recommendation of the Designated Authority is arbitrary and contrary to the provisions of Rule 4 (d) of Anti Dumping rules. The type of duty imposed has a direct implication for the effectiveness of such imposition. The learned counsel submitted that the AD duty linked to reference price does not fully solve the problem of dumping and injury to domestic industry as it does not take into consideration rising price of the inputs and finished goods. In view of the wide fluctuation of these parameters, the reference based AD duty will not serve the intended purpose. 3. The learned Counsel for the Designated Authority and learned AR for the Revenue defended the Final Finding of the Designated Authority and notificatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terms of Anti Dumping Rules finally established positive dumping margin as well as material injury to the Domestic Industry. Considering the said dumping margin, the Designated Authority recommended AD duty to offset dumping and consequently injury to the Domestic Industry. It is clear that the Designated Authority followed lesser duty Rule and recommended definitive Anti Dumping having reference price as constant. 6. While the appellant challenged the methodology of fixing AD duty as above, they are not able to convincably establish about need for alternative method of having Anti Dumping duty. The Designated Authority having vested with the powers, on exercising the same in accordance with the AD Rules, more specifically with reference ..... X X X X Extracts X X X X X X X X Extracts X X X X
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