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TMI Blog2016 (11) TMI 132X X X X Extracts X X X X X X X X Extracts X X X X ..... t is the representative. association of tyre manufacturers in India. The present appeal is against the Final Findings dated 29/4/2014 of the Designated Authority (the DA) Directorate General of Anti-Dumping and Allied Duties, Ministry of Commerce and Industry and Notification No. 35/2014 - CUS (ADD) dated 24/7/2014 of Ministry of Finance imposing anti-dumping duty (AD duty) on certain rubber chemicals (subject goods). 2. The brief facts of the case are that M/s National Organic Chemicals Ltd. (NOCIL/DI) filed an application before the DA alleging continued dumping of subject goods originating in or exported from China PR and Korea RP. The AD duty on the subject goods were originally imposed on 12/12/2008 based on Final Findings of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 6 years. 4. The learned Counsel for the DI submitted that the appellant's contention regarding application of para (v) of Annexure II to AD Rules is misleading and fallacious. She submitted that the safeguard duty and the AD duty are having specifically identified scope and application. The DG (SG) acts only when there is a surge/disruptive increase in import of any article. The DA acts when there is dumping causing injury to DI. In case there is determination of both the duties on a particular article (here PX 13) then one duty is deducted from the other to arrive at total duty impact on import. She submitted that SG duty on PX 13 was terminated in August, 2013, only AD duty is continuing. The DA has taken into consideration all t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rence shall be charged as SG duty. We find that the appellant's claim on the ground that SG duty imposition is one of the other factor to be considered for injury has been dealt with by the DA. We have examined the claim of the appellant regarding error or inconsistently in arriving at the material injury. The DA has recorded that the growth of the domestic industry in terms of sales, production and capacity utilization was positive whereas growth in respect of profits, return on investment, cash profits and inventories was negative. This situation is in existence in spite of AD duty being in force. 9. We have examined the DA's analysis of injury to DI in respect of each of the rubber chemicals (para 93 of Findings). The appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9.2011. The same were extended duly by the Central Government upto 4.5.2014. The present sunset review was initiated vide public notice dated 30/4/2013. The Final Findings were notified on 29/4/2014. The impugned customs notification was issued on 24/7/2014. The AD duty imposed therein is to be effective for a period of five years from that date. We find that the original notification extension and the impugned notifications are issued in exercise of specific powers vested under Section 9A of the Customs Tariff Act readwith AD Rules 18 and 23. We find no legal infirmity in exercise of such powers by the Central Government acting through the DA or the Department of Revenue. 14. On careful analysis of all points raised in appeal, we fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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