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TMI Blog2025 (3) TMI 1111X X X X Extracts X X X X X X X X Extracts X X X X ..... n No. 6/09/2024-DHTR dated 29th March, 2024 commenced an anti-dumping investigation into imports of Plastic Processing Machines originating in or exported from China and Taiwan. The investigation had been commenced at the behest of the domestic industries being Respondent Nos. 4 to 8 in the present petition. The questionnaire responses were sought by the designated authority in response to the notice issued, calling upon interested parties. Petitioners were required to file their responses being such interested parties. 4. In the first round of challenge, there was a delay in the filing of the said response by the Petitioners for which the deadline was 17th August, 2024. The Petitioners had filed their responses on the intervening night of 17th/18th August, 2024 at 12:19 AM IST and their response had thus been rejected by the designated authority. A writ petition came to be filed before this Court being W.P.(C) 1378/2025 titled Husky Injection Molding Systems Shanghai Ltd. & Ors. v. Onion of India & Ors. wherein after considering the matter, the Court had permitted the said response to be taken on record. The operative portion of the said order dated 4th February, 2025 is set out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... producer reported two transactions as imports of the product under investigation. The details of these two transactions are provided below." SN Particulars PCN 1 *** *** 2 *** *** 89. It was observed that the reported transactions do not allow for the identification of the product exported. It could not be inferred if the product exported was product under consideration or non-product under consideration. Additionally, the producer failed to assign proper PCNs to these transactions. Although the value was provided for one of the transactions, the currency was not specified. The Authority also notes that the producer reported exports at the [***] level but only included ocean freight and marine insurance costs. No information was provided regarding port handling, inland freight, or other related expenses. This information is critical for determining the net export price of the producer. 90. In the initiation notification, participating interested parties were given the following instructions for submitting their responses: All communication should be sent to the Designated Authority via email at email addresses [email protected] and ad12-dgtr@ gov.in with a copy to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ven on the spot physical verification is permissible. 10. In addition, it is submitted that the Customs Tariff Rules have not been followed by the Designated Authority and hence the disclosure statement is liable to be rescinded and a proper opportunity ought to be offered to the Petitioners. 11. On behalf of Respondent Nos.1 to 3, Ms. Shiva Lakshmi, ld. Counsel appearing for the Central Government submits that the disclosure statement is in accordance with law. She also highlights that in the portion relating to the Petitioners there is a clear analysis of the Petitioners' information in paragraph number 89 of the disclosure statement. It is further submitted by Ms. Lakshmi that in any event, this disclosure statement in itself is an initial disclosure statement and there would be sufficient opportunity for any interested party to file objections and responses, if required. The same is also clear from the disclosure statement's paragraph Nos. 2, 3, 5 & 6 wherein the interested parties are conferred with the opportunity to make their submissions with respect to the disclosure statement. 12. On behalf of the domestic industry, Mr. Pragyan Pradip Sharma, ld. Senior Counsel submits ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elf. 15. Moreover, in respect of one of the entries, the designated authority specifically states that the proper PCNs have not been provided. According to the designated authority, the said information which is lacking as per paragraph number 89 is crucial and therefore, the manner in which the information provided by the Petitioners would be considered has been set out in the disclosure statement itself. 16. The system of imposition of anti-dumping duty does not end with the disclosure statement being published. In fact, after the disclosure statement is published, the authority has to determine the nature of the injury which the domestic industry is suffering and thereafter arrive at its preliminary findings or final findings in terms of the Rules. After arriving at such findings, the anti-dumping duties are determined. As is clear from the disclosure statement itself, paragraph numbers 2 to 7 are set out below:- "2. The sections cited above contain essential facts under consideration of the Designated Authority, which would form the basis for Final Findings. The reproduction of facts does not tantamount to either acceptance or rejection of any fact/argument/submission. Argu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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