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2017 (1) TMI 70

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..... s only facilitating the documentation handling for export. The export is done by person holding export licence. The DA has examined the complete channel of export. On careful examination of the company involved in export and the appellant status while claiming the new shipper review, the DA concluded that no individual dumping margin is justified in respect of the appellant - appeal rejected - decided against appellant. - Anti Dumping Appeal No. 50084 of 2014 - Final Order No. AD/A/55759/2016-CU[DB] - Dated:- 8-12-2016 - Dr. Satish Chandra, President, Shri S.K. Mohanty, Member (Judicial) and Shri B. Ravichandran, Member (Technical) Ms. V. Pramila Vishwanathan, Advocate - for the appellant. Shri Amit Singh, Advocate for DA, Auth .....

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..... be applicable to the appellant. 2. Learned Counsel for the appellant submitted that the DA has erred in not treating China as a market economy country. Further the verification visit of the officers of Designated Authority (DA) was not effectively carried out due to closure of the appellant's unit on Chinese new year. No verification of documents and premise was done by the DA before arrive at this conclusion. The second review application filed by the Domestic Industry for initiation of Sunset review of Anti Dumping duty imposed by Notification 82/2008-CUS has been rejected by the DA on the ground that dumping and injury margin during the period of investigation - 2012-2013 is negative. As such, the appellants pleaded that they shou .....

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..... nts were aware that M/s Foshan Hongligao Trade Co. Ltd. is actual holder of export licence in China and details regarding VAT paid on inputs etc. are required for verification. The DA has called for details of refunds received on exports of goods. These particulars were not submitted to the satisfactory extent. The DA has discounted the claim that the said exporting company is only facilitating the documentation handling for export. The export is done by person holding export licence. The DA has examined the complete channel of export. On careful examination of the company involved in export and the appellant status while claiming the new shipper review, the DA concluded that no individual dumping margin is justified in respect of the appel .....

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