9911796707
TMI Blog2000 (11) TMI 170X X X X Extracts X X X X X X X X Extracts X X X X ..... es so imposed. Association of Synthetic Fibre India seeks upward revision of the anti-dumping duty imposed while the other appellants seek quashing of the duty imposed. 2.After hearing the representatives of the appellant, Formosa Taffeta Co. Ltd. and the Designated Authority and perusal of records, we find that the appeal of Formosa Taffeta Co. can be disposed of on the ground of error in the method of computation of dumping margin alone. The grievance of Formosa Taffeta Co. is that there was no dumping by them and, therefore, no duty was required to be imposed in their case. From a perusal of the related documents containing calculation of dumping margin made available during the hearing, we find that there was negative dumping margin i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fered injury on account of the import of NTCF from the countries covered by the Investigation of the Designated Authority. The contention is that the imports are only meeting the demand which the domestic industry is not able to meet and that the lion share of the market was with the Domestic Manufacturers. Capacity utilisation of domestic industry was as high as 83.42% and the return earned on capital was also adequate. It has also been submitted that there is no causal link between export from the subject countries and the alleged injury to Indian Industry. It has also been submitted that the Indian Industry enjoys sufficient protection through 40% Customs Duty and 18% countervailing duty. They have further pointed out that the Indian Dom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the countries covered by the investigation, both in terms of volume and percentage during the period of investigation. The market share of the domestic industry had declined during the period of investigation, and the profitability of the domestic industry had fallen. Their sale volumes had fallen, the closing stocks had increased and the profitability of the domestic industry had declined significantly. In this connection, Counsel for the Designated Authority drew our specific attention to the details of the findings on injury and causal link contained in the Preliminary Findings dated 15th October, 1999 of the Designated Authority. 5.On a perusal of the records and the examination of the submissions made on behalf of both the sides, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... material. The imported goods and domestically produced goods have the same use and have been correctly held to be 'like article' by the Designated Authority. In these facts and circumstances the submissions made in these appeals have no merit. The appeals fail and are rejected. 6.The remaining appeal, namely C/195/2000-AD of Association of Synthetic Fibre Industries, seeks upward revision of the anti-dumping duty imposed and also imposition of duty on US Dollar terms. With regard to the rate of duty imposed, the submission is that duty imposed is the injury margin arrived at during investigation. Injury margin is the difference between the landed value of imported goods and fair selling price of indigenously manufactured goods. The appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ransport referred to in Clause (a) + the cost of insurance referred to in Clause 2. On this point, the learned Counsel for the Designated Authority has submitted that it has been the common practice till recently for the Designated Authority to allow 2% handling charges in addition to 1% landing charges while determining the landed value of imported goods. 7.No provision for the addition of 2% as handling charges is seen in the relevant anti-dumping duty provisions. Provisions in Customs Valuation Rules are against such an addition. The findings of the Designated Authority also give no valid reasons. The only explanation offered during the hearing was that it was the practice till recently. In these facts and circumstances it has to be he ..... X X X X Extracts X X X X X X X X Extracts X X X X
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