9911796707
TMI Blog2016 (10) TMI 155X X X X Extracts X X X X X X X X Extracts X X X X ..... finding dated 10.02.2012 of Designated Authority (DA), Directorate of Anti-dumping and Allied Duties, Ministry of Commerce and consequent notification no. 13/2012-Cus dated 22.02.2012 imposing anti-dumping duty on Sodium Tri Poly Phosphate (subject goods) (STPP) imported from China PR. 2. The brief facts of the case are that M/s. Tata Chemicals Ltd. supported by M/s.Albright and Welson Chemicals India Ltd. have filed an application for imposing anti-dumping duty on the subject goods. The DA initiated original investigation on 5.11.2009. Further, on 21.05.2009 based on preliminary finding, the DA recommended provisional anti-dumping duty on the import of subject goods. The same was imposed vide notification no.96.10-Cus dated 21.09.2010. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is no question of imposing anti-dumping duty. In other words, the Id. Counsel submitted that while recommending for revocation of anti-dumping duty, the Designated Authority should have recommended such revocation from the date of closure of domestic industry. 5. Ld. Counsel appearing on behalf of the Designated Authority submitted that the initial inquiry was based on the application by affected domestic industry. Due action was taken as per the procedure laid-down by the law. Thereafter, on receipt of the intimation about stoppage of the production by the domestic industry, the Designated Authority exercising his powers under Rule 23, recommended for revocation of the said anti-dumping duty. There is no provision for recommending revocat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g in or exported from the subject country. The definitive anti dumping duty was imposed by the Central Government on 81th July, 2011. After the final findings were issued by the Authority and after the imposition of the duty by the Central Government, M/s. Tata Chemicals and M/s. Rohdia informed the Authority about stoppage of production of subject goods by them. Even other interested parties did not bring the acts to the notice of the Authority with documentary evidence. Under the Rules, the Designated Authority has no power either to impose or terminate duty. The Rules empower the Designated Authority only to investigate and to recommend. By the time the concerned domestic producers brought to the notice of the Authority the act of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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