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TMI Blog2017 (6) TMI 194X X X X Extracts X X X X X X X X Extracts X X X X ..... Duties, Department of Commerce, Ministry of Commerce and Industry and Notification No. 9/2015-Cus (ADD) dated 07.04.2015 issued by the Department of Revenue, Ministry of Finance, Government of India. The said final Findings of the DA recommended AD Duty on a specific variety of Flexible Slabstock polyol (subject goods) originating / exported from specified countries and imported into India. Different rates of AD duty were recommended. The Customs Notification dated 07.04.2015 was issued to give effect to the said recommendations of the DA. The AD duty imposed was effective from 07.04.2015 for a period of five years. 2. The appellant is engaged in the manufacture of Flexible Slabstock Polyol (subject goods) in India and is recognised as Dom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rit. Accordingly, the case was listed, after due notice, for final hearing on 27.03.2017. 4. Ld. Counsel for the appellant vide their letter dated 24.03.2017, to the Registry, submitted that due to cost constraints they, as authorised representative, have received instructions to file only written submission before the Tribunal with a prayer to decide appeal on merits. Accordingly, they have made the written submission for consideration. 5. The appellants in their appeal have stated that they are partially aggrieved by the final finding of the DA and the Customs Notification mentioned above. Various grounds were mentioned in the appeal. We have gone through the grounds and note that the grounds are mostly on general principle of procedure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the written submission dated 24.03.2017. The appellants themselves framed the 'key issue' in the appeal, as construction of normal value for Singapore by the DA. They have elaborated on this key issue in the written submission. The appellant pleaded that the DA ought to have used import prices of major raw material as an indicator of fair prices prevailing in the Singapore market. The export price from Singapore could not form basis for arriving at the normal value. The appellant further pleaded that in terms of Section 9A(1)(c)(ii) of Customs Tariff Act, 1975, the DA should have taken into account the cost of production of the said article in the country of origin. The prevailing price of main raw material, PO, in Singapore could not ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e present appeal is devoid of merit on the ground that no specific grievance has been identified against the impugned findings. 10. We note that the DA have examined in detail all the relevant parameters before arriving at the normal value, export price and dumping margin. Three exporters/ producers from Singapore have submitted response to the questionnaire issued by the DA. The submissions made by the DI were also considered. On determination of normal value, we note that, the DA has followed the provisions of Section 9A(1)(c) of the Customs Tariff Act, 1975. The DA has recorded the following, with reference to normal value in case of producers/ exporters from Singapore: "37. As already mentioned that due to non-filing of EQR by the rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... price at which PO had been exported from Singapore to world for the purpose of constructing normal value. 93. With regard to submission of domestic industry that no new information/ documents can be considered post public hearing. The Authority notes that in order to clarify the matter, the Authority can seek additional information/ documents from the interested parties including the domestic industry during the course of the investigation. The Authority notes that the fact and circumstances of the investigations mentioned by the domestic industry in support of their contention are different from the present case as in the investigation concerning Saccharin, the Authority notes that the exporter's related parties had failed the MET and Ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s recorded that the net export price for the export made from Singapore has been determined on the basis of information available on record. Due adjustment on account of commission, credit cost, bank charges, inland freight and port handling charges in order to arrive at the net export price at ex-factory level has been made. Having so arrived at the export price at ex-factory level, the dumping margin was arrived at by the DA. The DA examined the import volume and market share of subject goods, price effect and evolution prices over the period. On detailed examination of various parameters the DA concluded that the profitability of DI has declined clearly showing injurious impact of dumped imports from the subject countries on the price of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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