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TMI Blog2017 (6) TMI 1170X X X X Extracts X X X X X X X X Extracts X X X X ..... 2012 and the Government of India may issue appropriate notification of extension of anti-dumping duty in exercise of powers in terms of (ii) proviso to Section 9(A)(5). Issue notice, returnable on 3.7.2017 with a liberty to all the concerned to approach the Court even prior to the next date of hearing i.e. 3.7.2017 in case of difficulty so that appropriate orders can be passed. - SPECIAL CIVIL APPLICATION NO. 12249 of 2017 With SPECIAL CIVIL APPLICATION NO. 12251 of 2017 - - - Dated:- 30-6-2017 - HONOURABLE MR.JUSTICE S.R.BRAHMBHATT AND HONOURABLE MR.JUSTICE A.G.URAIZEE MR MIHIR JOSHI, SR. ADVOCATE WITH MR. RAJESH SHARMA, ADVOCATE WITH MR GAURAV S MATHUR, ADVOCATE , MR SN SOPARKAR, SR. ADVOCATE WITH MR. RAJESH SHARMA, ADVOCATE WITH MR GAURAV S MATHUR, ADVOCATE FOR THE PETITIONER COMMON ORAL ORDER (PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT) 1. These matters were mentioned in the morning for urgent circulation today itself, as the notification dated 3.7.2012 ensuring for anti-dumping duty on the product in question was expiring on 2.7.2017 and the entire exercise undertaken by the concerned authorities for mid-term review and sun-set review for continuing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... designated authority has taken into consideration the factors prescribed under subclauses (a) and (c). However, insofar as sub-clause (c) is concerned, the designated authority has placed reliance upon incorrect facts, namely, though the price undercutting is positive, it has considered the same to be negative and drawn its conclusions accordingly. Insofar as the factors prescribed under sub clauses (b) and (d) of clause (vii) of Annexure II to the rules are concerned, it, however, has been contended on behalf of the respondents that the designated authority has also considered those factors. In this regard, a perusal of the disclosure statement shows that while the designated authority has taken into consideration the above two factors, it is manifest that while doing so, it has taken into consideration incorrect facts, inasmuch as, instead of considering the capacity of production of the exporters indicating the likelihood of substantially increased dumped exports to Indian markets, as contemplated under sub-clause (b), it has taken into consideration the capacity of production of the domestic industry; and instead of taking into consideration the existene of inventories of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us capacities and capacity addition, if any, to explore the possibility of diversion of disposable quantity to Indian market. Domestic industry has claimed that the producers in subject countries are already faced with significant surplus capacities. Further, these producers are exporting the product to a large number of countries, a very significant proportion of which is being exported at a price below the prices in respect of India, thus showing likelihood of diversion of these exports to India in the vent of withdrawal of Anti- Dumping duty. While none of the interested parties have provided any verifiable evidence and information with regard to existing surplus capacities, and consequent likelihood/possibility of increased dumped exports to Indian Market the domestic industry has furnished copies of I H S Chemical journal which provides significant information regarding Soda Ash Manufacturing in the subject countries viz. existing capacity, existing production, unutilized capacity and capacity expansion etc. As would be obvious from the table below that against Indian demand of approx. 3 million MT, the unutilized capacity in the subject countries is approx. 9.26 million MR(30 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an selling price of the domestic industry thus showing positive price undercutting during POI as well as post POI. Further WTA (World Trade Atlas) data establishes that exports from subject countries to a number of other countries have been found at a price lower than the export price from these countries to India. The volume of such exports is 2.23 Million MT amounting to 72.42% of existing demand in India. Thus, in the event of the revocation of anti-dumping duties, the Indian market would be price attractive to the foreign producers. 96. Level of current and post POI dumping margin The Authority notes that dumping margin in the original investigation as well as the present MTR are positive and the dumping margin in the post POI of the present investigation is also positive. Thus, in the event of revocation of the anti-dumping duties, in most likelihood, dumping may continue and may also get intensified. The counsel for the petitioner further submitted that during pendency of consideration on disclosure statement released pursuant to mid-term review ( hereinafter referrd to as MTR ), the authorities have also undertaken exercise of sun-set review. The earlier notifica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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