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TMI Blog2022 (3) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... s to a final determination on the non-injurious price which may ultimately be the basis for imposition of the anti dumping duty and which would remain in force for a period of five years since its determination would adversely affect the petitioners inasmuch as the duty imposed may be on the basis of certain factual and circumstantial inputs which were at a variance with that of what would have been for a normal period. Without expressing any view on the merit of such claim, if certain factual and circumstantial inputs pertaining to the Covid19 pandemic period which may be at a variance from the inputs that may have been in the normal period are made the basis for the final determination of the non-injurious price as well as the consequenti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dvocate for the Respondent : Asstt. S.G.I. JUDGMENT ORDER (ORAL) Heard Dr. A Saraf, learned senior counsel for the petitioners. Also heard Mr. H Gupta, learned CGC for the respondent No.1 being the Union of India and Mr. SC Keyal, learned counsel for the respondent No.2 being the Director General of Anti Dumping Duties (DGAD) as well as Mr. Pragyan Pradip Sarma for the respondent No.3 being the Gujarat State Fertilizers and Chemicals Ltd. 2. The petitioner is an importer of an article named Melamine which is used as a raw material for the production of plyboard and other articles. The respondent No.3, Gujarat State Fertilizers and Chemicals Ltd., is a domestic industry engaged in the production of Melamine. 3. Section 9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat except in cases referred to in Sub-Rule (8) of Rule 6, the designated authority shall during the course of investigation satisfy itself as to the accuracy of the information supplied by the interested parties upon which its findings are based. 7. Rule 5 of the AD Rules of 1995 provides for initiation of investigation. Rule 5(1) inter alia provides that except as provided in sub-rule (4) thereof, the designated authority shall initiate an investigation to determine the existence, degree and effect of any alleged dumping only upon receipt of a written application by or on behalf of the domestic industry. In exercise of power under Rule 5(1) of the AD Rules of 1995, the respondent No.3 Gujarat State Fertilizers and Chemicals Ltd., had m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 02.02.2022 in the manner as it exists as on today, if leads to a final determination on the non-injurious price which may ultimately be the basis for imposition of the anti dumping duty and which would remain in force for a period of five years since its determination would adversely affect the petitioners inasmuch as the duty imposed may be on the basis of certain factual and circumstantial inputs which were at a variance with that of what would have been for a normal period. Without expressing any view on the merit of such claim, if certain factual and circumstantial inputs pertaining to the Covid19 pandemic period which may be at a variance from the inputs that may have been in the normal period are made the basis for the final det ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustry can also be verified from the contemporary data on the same transaction which may be available with the GST department and in order to arrive at a correct factual determination, such data may also be taken into consideration. 11. We further take note of Clause 4 of the disclosure statement dated 02.02.2022 which is extracted as below: 4. Notwithstanding the facts given in this Disclosure Statement (including facts given on a confidential basis), the Designated Authority would consider all replies given on merits in order to arrive at a final determination. 12. Clause 4 which provides that notwithstanding the fact given in the disclosure statement including the facts given on a confidential basis, the designated authority ..... X X X X Extracts X X X X X X X X Extracts X X X X
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