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TMI Blog2018 (2) TMI 1576X X X X Extracts X X X X X X X X Extracts X X X X ..... to be recorded in terms of Annexure II of the AD Rules. We note that the DA did take into account these parameters as listed in para 73 of the final finding. Appeal dismissed - decided against appellant. - Anti Dumping Appeals No. 50062 and 50273 of 2018 with COD Application No. 50078 of 2018 - A/50766-50767/2018 - Dated:- 23-2-2018 - Shri Dr. Satish Chandra, President, Shri S.K. Mohanty, Member (Judicial) And Shri B. Ravichandran, Member (Technical) Shri Rajesh Sharma, Advocate for the appellant Shri Ameet Singh, Ms. Purnima Shrivastava, Advocate for DA, and Shri R.K. Manjhi, Authorized Representative (DR) for the respondent Ms. Reena Khair, Ms. Rita Jha and Ms. Shreya Dahiya, Advocates for Domestic Industry. ORDER Per. B. Ravichandran These two appeals are against final findings dated 29/08/2017 of the Designated Authority (DA), Directorate General of Anti Dumping and Allied Duties, Department of Commerce, Ministry of Commerce and Industry, New Delhi and Customs Notification No. 46/2017 CUS (ADD) dated 04/10/2017 issued by the Ministry of Finance, Department of Revenue, Government of India, New Delhi. These final findings of the DA and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the WTO in their decision dated 15/12/2003 while examining US sunset review of AD duties on Corrosion Resistant Caron Steel Flat Products from Japan. The appellate ruling distinguished the scope of Article 11.2 from Article 11.3 to conclude that Article 11.3 does not oblige Investigating Authorities in a sunset review to make companies specific likelihood determination in the manner suggested by Japan ; (b) the DA should have made his analysis for the country as a whole and not for individual exporters. For China, the DA has found likelihood of dumping and injury and, hence, one set of producer/exporter in China should not have been excluded in the sunset review; (c) the likelihood of continuation or recurrence of dumping and injury should have been examined keeping in view all the parameters for such analysis. Reliance was placed on the decision of Hon ble Gujarat High Court in Nirma Ltd. vs. Union of India, special Civil application No. 16425/2016 decided on 23/02/2017 ; (d) there is a significant increase in dumped import during post POI period as compared to base year and previous year. The dumped nature of import is not disputed. There is free disposable u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as different for different combination of producer/exporter. The goods produced by Suzhou Luosen Auxiliary Companies Ltd. and exported by Wujiang City Yilin Foreign Trading Co. Ltd. was subjected to anti dumping duty of 0.09 U.S. $ per kg. For other combination of producers and exporters, the rate varied from 0.19 and 0.26 U.S $ per kg. It is plain and clear that though the dumping of PNA from China was established, the treatment for different combination of producer/exporter from that country was based on facts and data relevant to such combination of producer/exporter. In other words, while the injury analysis and dumping margin has been done taking the exporting country/countries as a whole, the quantum of AD duty is certainly arrived at based on data and different parameters, as accepted by the legal provisions mandating the DA during the investigation. 8. The learned Counsel for the appellant submitted that during sunset review, the DA cannot make a recommendation which is company specific. In other words, it would appear that the appellants contends that once the AD duty was imposed based on original investigation on different producers/exporters from a country (though on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A examined various parameters in order to determine the possible recurrence or continuation of likelihood of dumped and injury in case of non-continuation of AD duty already imposed. The observation of the DA in this regard is as below :- 80. The Authority notes that in view of the information filed by DI and the exporter in its questionnaire response, it would be seen that there is a decline in volume of imports during period of investigation as compared to the base year. However, as compared to the previous year volume of imports during period of investigation and post POI have increased. The responding producers also have surplus capacities with 78.61% capacity utilization. There is increase in level of inventories with one of the producer Suzhou Luosen Auxiliary Companies Ltd. exporting through M/s Wujiang City Yilin Foreign Trading Co. Ltd. However, the unutilized capacities are not very significant and whatever production is taking place currently is also being exported to various countries. Therefore, there appears to be no strong indicator for diversion of these exports to India. Also the increase in inventories is not significant leading to conclusion that they will e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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