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TMI Blog2016 (10) TMI 901X X X X Extracts X X X X X X X X Extracts X X X X ..... Amit Singh, Advocate for DA. Shri Govind Dixit, DR for Revenue For I. Party: Ms. Meenakshi Arora, Sr. Advocate in AD/52141-52142/2015 Shri Akash Garg, Advocate in AD/52141-52142/2015 Shri Sharad Bhansali, Advocate in AD/52310/2015 Shri Jintendra Singh, Advocate in AD/52310/2015 ORDER These three appeals are directed against the same Final Findings dated 19.11.2014 of the Designed Authority (the DA), Directorate General of Anti -dumping and Allied Duties, Ministry of Commerce and Industry and notification no.4/2015 dated 13.02.2015 of Ministry of Finance. 2. Before proceeding to the appeals on merit, we have considered the two miscellaneous applications filed by two of the appellants (M/s. Graphite India Ltd. and M/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... port price has not been properly arrived at by the DA. The constructed normal value of most efficient plant gives distorted picture of dumping margin. d) The data provided by individual producers/exporters in China have not been analyzed in proper perspective. 5. The main thrust of argument by the Id. Counsel for DI is that the normal value has not been properly arrived at to fix correct dumping margin. 6. Ld. Counsel for the third appellant (M/s. Steel Authority of India), who is a consumer industry of subject goods, contested the imposition of AD duty on the ground that the DA acted on the basis of data of DGCI which was not made available to them to defend their case during investigation. The "normal value" has not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned findings are mostly generic in nature with no specific data based objection . They have contested the findings on various vague assertions like excessive confidentiality for providing data, non-consideration of certain points raised by DI, certain error in data analysis. We have carefully perused 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ability, net sales realization, the magnitude and margin of dumping in accordance with the standards prescribed in Annexure-II of AD Rules. We also note that wherever the errors in data computation in respect of a few injury parameters were pointed out, the same has been corrected in the Final Findings. 13. We also note that the DA examined the data provided by the interested parties and also obtained from DGCI. We find that while DGCI data is also considered but the Final Finding is based on the analysis of large number of parameters as stipulated under Annexure-Il of AD Rules. We note that before Final Findings, the DA has made disclosure statements and all the interested parties have furnished their comments, which were also examined an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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