Tribunal upholds DA's cost of production findings on 6 PPD, dismisses appeals, delay condoned, natural justice violation not proven. The Tribunal dismissed the appeals challenging the findings of the Designated Authority (DA) regarding the construction of the cost of production of 6 ...
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Tribunal upholds DA's cost of production findings on 6 PPD, dismisses appeals, delay condoned, natural justice violation not proven.
The Tribunal dismissed the appeals challenging the findings of the Designated Authority (DA) regarding the construction of the cost of production of 6 PPD. The delay in filing appeals was condoned, and the violation of principles of natural justice by the DA was found to be unsubstantiated. The Tribunal upheld the original findings and concluded that the appeals lacked merit, leading to their dismissal. The order was pronounced on 09/09/2016, with the application for stay also being disposed of.
Issues: Delay in filing appeals, violation of principles of natural justice by the Designated Authority (DA), validity of the finding regarding construction of cost of production of 6 PPD.
Analysis: 1. Delay in filing appeals: The appeals were filed against the final finding of the Designated Authority (DA) and Notification No. 4/2016 - CUS (ADD) dated 29/1/2016. There was a delay of more than three months in filing the appeals, but the delay was condoned by the Tribunal. The appellants had initially challenged the Customs Notification before the Supreme Court, which directed them to file appeals before the Appropriate Authority within two weeks. The Tribunal considered this and decided to take up the appeals for a decision on merit.
2. Violation of principles of natural justice: The appellants argued that there was a violation of principles of natural justice by the DA in the original proceedings, making the findings bad in law. They contended that the original finding could not be cured and sustained in the remand proceedings. However, the DA had complied with the Tribunal's directions regarding disclosure of information to affected parties and post-decisional hearing. The appeal was specifically on the validity of the finding regarding the construction of the cost of production of 6 PPD.
3. Validity of the finding regarding construction of cost of production of 6 PPD: The Tribunal had examined two issues in the first round of appeal. Firstly, the correctness of the cost construction for the production of 6 PPD for arriving at normal value, dumping margin, and injury decision. The Tribunal upheld the rejection of the price of 4 ADPA from China and the construction of normal value based on the international price of 4 ADPA. This issue had reached finality and was not challenged before any higher judicial forum. Secondly, the Tribunal observed that the DA should have made adequate disclosure and called for information/comments from interested parties regarding the evidence of the international price of 4 ADPA. The matter was remanded to the DA for this purpose, and the directions of the Tribunal were fully complied with. Therefore, the present appeals, which sought to overthrow the original findings of the DA, were found to have no merit in this second round of litigation.
4. Conclusion: Considering the factual position and the arguments presented, the Tribunal found no merit in the present appeals and dismissed them. The application for stay filed along with the appeals was also disposed of. The order was pronounced in the open court on 09/09/2016.
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