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TMI Blog2016 (12) TMI 824X X X X Extracts X X X X X X X X Extracts X X X X ..... the written submission made by the first appellant before the DA it was submitted that Sinochem Taichang and Sinochem Ningbo as, two formerly related companies in the 300 subsidiaries, have no transaction between each other and it is impossible for Sinochem Taichang to know about operation of all its related companies. We further note that in a report dated 28/10/2005 of World Trade Organization, it was recorded that a single dumping margin only will be applicable when companies in the same group were involved in trading as well as exporting. Incorrect determination of non-injurious price - Held that: - The return on investment has been fixed as per the standard practice in terms of agreed norms and in the absence of commodity or indust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - 8-12-2016 - Shri Justice Dr. Satish Chandra, President, Shri S.K. Mohanty, Member (Judicial) And Shri B. Ravichandran, Member (Technical) Ms. Karnika Seth, Advocate for the Appellant Shri Rajesh Sharma, Advocate for DA and Ms. Reena Khair, Shri Amit Singh, Advocate for (M/s Domestic Industries). Shri Govind Dixit, Authorized Representative (DR) for the Respondent ORDER Per. B. Ravichandran These three appeals are directed against Notification No. 30/2016 ADD dated 11/07/16 issued by the Ministry of Finance, imposing Anti Dumping duty on import of Tetrafluoroethane (subject goods) from China PR based on final finding of the Designated Authority, Directorate General of Anti Dumping and Allied Duties, Ministry of Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India during POI was due to decrease in the price of raw materials in China. The price of raw material has also come down in India. There is no reasonable ground for the DA to conclude of the causal effect between alleged dumping, injury caused to domestic industry and imports of subject goods from appellant in China. The injury caused to domestic industry is due to unreasonable increasing installed capacities which added to the fixed cost as well as semi-variable cost of the finished goods ; (d) The DA fixed 22% as return on capital for determining non-injurious price. There is no reason for such a high return determined by the DA. 3. In their appeal the domestic importer contended that the import data relied upon by the DA was in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... link between these two. He further submitted that the DA has been adopting consistently 22% as reasonable return on investment for the domestic industry. The appellants have not provided any supporting evidence for fixing any other percentage for the said purpose. 7. The learned AR appearing on behalf of the Revenue supported the findings of the DA and consequent customs notification imposing the anti dumping duty on the subject goods. 8. We have heard all the sides and perused appeal records including written submissions. As noted already the impugned notification was for continued imposition of anti dumping duty on the subject goods for further period of 5 years based on the recommendation of the DA who conducted a Sunset Review inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on investment has been fixed as per the standard practice in terms of agreed norms and in the absence of commodity or industry specific recorded evidence to show different percentage of such return we find no reason to interfere in such finding. 10. We have also examined the methodology for injury determination and causal link between import and such injury as done by the DA. We note that the demand and consumption of the subject goods increased during the injury period including the POI. The imports remained significant despite of imposition of anti dumping duty. We have also noted that in the Sunset Review the DA examined parameter of import of the subject goods as per the terms similar to the original investigation. 11. The appella ..... X X X X Extracts X X X X X X X X Extracts X X X X
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