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TMI Blog2016 (11) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... t Singh, Advocate for DA and Dr. S.K. Sheoran, Authorized Representative (DR) - for the Respondent. For I.P. : Ms. Reena Khair, Shri Rajesh Sharma and Ms. Rita Jha, Advocates. ORDER Both the appeals are against final finding dated 30/10/15 of the Designated Authority, Directorate General of Anti Dumping and Allied Duties, Ministry of Commerce and Industry and Notification No. 4/2016 - CUS (ADD) dated 29/1/2016 of Ministry of Finance. This is a second round of litigation. 2. Before going into merits of the case, we noticed that there is a delay of more than three months in filing these appeals. Application for condonation of delay has been filed. The learned Counsel for the appellants submitted that after issue of the impugn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aring to the parties with reference to determination of 6 PPD export price, normal value and dumping margin with reference to Kumho Petrochemicals. On remand proceedings the DA complied with the directions of the Tribunal and issued final findings dated 30/10/15 which is now under challenge. 4. The learned Counsel for the appellant submitted that violation of principles of natural justice by the. DA in the original proceedings will make his findings bad in law. The said findings cannot be allowed to continue by a post-decision hearing in terms of the Tribunal's remand order dated 26/12/14. In other words, it is the plea of the appellants that the original finding cannot be cured and sustained in the remand proceedings on me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ational price of 4 ADPA. Hence, the issue relating to methodology adopted by the DA in constructing the normal value for the appellants has reached finality. The conclusion of the Tribunal has not been challenged before any higher judicial forum. 7. On the second issue, the Tribunal observed that the DA should have made adequate disclosure and call for information/comments from the interested parties regarding evidence of international price of 4 ADPA. For this limited purpose, the matter was remanded to the DA. The background data for fixing normal value, export price and dumping margin are to be made to all interested parties. Admittedly, the directions of the Tribunal have been complied with fully. In such situation, we find that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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