Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2016 (10) TMI 901

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the impugned findings by the DA. Each one of the points raised by the interested party has been examined by the DA, who recorded his comments and decisions in respect of the views expressed by them. We find that while determining the export price from China, the DA conducted on site verifications in four units. The DA circulated the report of verification. The export price of sampled exporting producers and their exporters have been done after detailed analysis. It is also pertinent to note that there is no claim for individual normal value for any exporter from China. The normal value constructed for all exporters in China has been compared with ex-works net export price to arrive at the dumping margin for various exporters. The DA also e .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... at before Final Findings, the DA has made disclosure statements and all the interested parties have furnished their comments, which were also examined and Final Findings were arrived at. The points raised in the present appeal are not supported with material evidence and are devoid of merit. On careful perusal of the Final Findings, we find no reason to interfere with the same - appeal dismissed - decided against appellant. - AD/COD/51404/2015 & 51405/2015 in AD/52141-52142/2015 & AD/Stay/51455/2015 in AD/52310/2015 - Final Order No. 53381-53383/2016 - Dated:- 6-9-2016 - Mr. Justice (Dr.) Satish Chandra, President Ms. Archana Wadhwa, Member (Judicial) and Mr. B. Ravichandran, Member (Technical) For Appellant : Shri Sharad Bhansa .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury), Rules, 1995 (AD Rules) for initiating anti-dumping investigation into import of subject goods originating in or exported from China PR. The DA initiated such investigation on 20.05.2013 and after following the procedure set out in AD Rules issued Final Findings dated 19.11.2014. The AD duty was imposed by Customs notification no.4/2015 Cus (ADD) dated 13.02.2015. These two appellants are partially aggrieved by the above outcome and filed these appeals. 4. The grounds of appeals can be summarized as below: a) The DA has not taken into consideration certain submissions of DI. Excessive confidentiality has been accepted in the proceedings. Addition .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d methodology when large number of exporters are involved. None of the interested parties objected to the methodology adopted in such analysis even post disclosure. 9. Ld. AR for Revenue supported the arguments of Id. Counsel for DA. 10. We have heard all the parties and perused appeal records including written submissions. 11 . The Domestic Industries are aggrieved partially against the impugned findings to the extent that the AD duty should have been higher. We have perused the various submissions on behalf of the DI. It is pertinent to note that the DI after publication of notification imposing AD duty on the subject goods was satisfied and no appeal was preferred. However, when the consumer of subject goods filed appeal challe .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nation to reasonable number of interested parties. 12. Regarding excessive confidentiality, there is no specific instance brought to our notice, which will have adverse impact on the rights of any of the interested parties. We note that the Domestic Industry as well as the importer/consumer were given ample opportunity to defend their case in terms of AD Rules. The procedure set out therein has been followed by the DA. We note that in para 88 and 89 of the Final Findings, views of DI and other interested parties have been elaborately listed. Thereafter, the DA examined the various issues and recorded his findings. We note that there is nothing in the present appeals to warrant interference with the findings of the DA. The impact of impo .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates