2011 (6) TMI 656 - AT - Customs

Tribunal Upholds Mid-Term Review Application, Dismisses Appeals

GRAUER & WEIL (I) LTD. Versus DESIGNATED AUTHORITY

The Tribunal upheld the maintainability of Vishnu Chemicals Ltd.'s mid-term review application, finding it permissible for interested parties to file such ... Anti-dumping duty - Anti-dumping duty on the imports of Saccharin – sub-section-1 read with sub-section-5 of section-9A(5) of the Customs Tariff Act, 1975 - Held that:- DA has categorically recorded that “Vishnu Chemicals provided information and the same has been taken into account after verification”. These categorical findings were not challenged by the importers in any forum. importers were not aggrieved by the imposition of Anti-dumping duty vide notification 19-3-2007, as on specific query, it was informed that the notification arising out of the final findings dated 3-1-2007 was never challenged before the Tribunal. original/initial applicants for the imposition of Anti-dumping duty on Saccharin did not participate in this mid term review also seems to be incorrect as the DA has clearly recorded that the Initial applicant had supported this mid term review by the letters. final findings dated 6-12-2009 and consequent notification dated 19-3-2007 enhancement in Anti-dumping duty originating or exported from China PR is correct and does not require any interference. appeals filed by the appellants are dismissed Issues Involved:1. Maintainability of the mid-term review application by Vishnu Chemicals Ltd.2. Timeliness and legality of initiating the mid-term review.3. Validity of the investigation process and data used for the mid-term review.4. Determination of injury and normal value.5. Participation of original applicants in the mid-term review.Issue-wise Detailed Analysis:1. Maintainability of the Mid-term Review Application by Vishnu Chemicals Ltd.:The appellants argued that Vishnu Chemicals Ltd. did not participate in the initial investigation and hence its application for a mid-term review was not maintainable. The Tribunal found that Vishnu Chemicals was indeed an interested party as per the Anti-dumping Rules and had participated in the original investigation by providing necessary information. The Tribunal held that any interested party, including a producer of the like article in India, could file a petition for a mid-term review.2. Timeliness and Legality of Initiating the Mid-term Review:The appellants contended that the mid-term review was initiated prematurely, within a year of the imposition of the definitive anti-dumping duty. The Tribunal noted that Rule 23 of the Anti-dumping Rules and Article 11.2 of the GATT agreement did not specify a minimum time period before initiating a mid-term review. The Tribunal concluded that the Designated Authority (DA) was within its rights to initiate the review based on the information received from Vishnu Chemicals.3. Validity of the Investigation Process and Data Used for the Mid-term Review:The appellants claimed that the investigation was flawed due to procedural irregularities and erroneous data. They argued that the DA did not follow proper procedures, including collecting data from all domestic producers and extending the investigation period without proper justification. The Tribunal found that the DA had followed the necessary procedures, including verifying data from Vishnu Chemicals and extending the investigation period as per Rule 17(1) of the Anti-dumping Rules. The Tribunal also noted that the DA had received support from other domestic producers and had considered relevant parameters for determining injury.4. Determination of Injury and Normal Value:The appellants argued that the injury determination was based on incorrect and manipulated data, and that the normal value calculation was flawed. The Tribunal found that the DA had correctly determined the injury based on verified data and relevant parameters, including production, sales, and capacity utilization. The Tribunal also upheld the DA's method of determining the normal value, noting that the DA had considered the cost of production and other relevant factors.5. Participation of Original Applicants in the Mid-term Review:The appellants contended that the original applicants did not participate in the mid-term review. The Tribunal found that the original applicants had indeed supported the mid-term review through letters of support. The Tribunal concluded that the participation of the original applicants was adequately established.Conclusions:The Tribunal dismissed the appeals filed by the appellants, holding that the final findings dated 6-11-2009 and the consequent notification dated 19-3-2007 enhancing the anti-dumping duty on Saccharin originating from or exported from China PR were correct and did not require any interference. The Tribunal pronounced its decision in open court on 17-6-2011.