Supreme Court upholds injury assessment based on 1995-96 data, restores duty imposition under Chapter 40 in rupee terms.

The Supreme Court partially allowed the appeals, confirming the injury assessment based on 1995-96 data, restoring the Designated Authority's decision to impose duties under Chapter 40 only, and reverting the duty imposition back to rupee terms.

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Issues Involved:
1. Assessment of injury to the domestic industry.
2. Imposition of anti-dumping duty on products under specific tariff headings.
3. Conversion of duty from rupee terms to US dollar terms.

Issue-wise Detailed Analysis:

1. Assessment of Injury to the Domestic Industry:
The Tribunal and the Designated Authority assessed the injury to the domestic industry based on data from the year 1995-96, despite noting data from 1994-95 in the work-sheet. The appellant contended that this assessment was factually incorrect. However, the Tribunal confirmed that the assessment was indeed based on 1995-96 data, showing a significant increase in SBR stock and a loss in profitability for the domestic industry. The Supreme Court, after reviewing the confidential records, upheld the Tribunal's findings, confirming that the domestic industry suffered a drastic decline during the investigation period compared to the preceding financial year.

2. Imposition of Anti-Dumping Duty on Products Under Specific Tariff Headings:
The Designated Authority initially imposed anti-dumping duties on SBR under sub-heading 4002.19. The Tribunal, however, extended this duty to include sub-heading 3903.90, citing a clerical omission. The Supreme Court found that the Designated Authority did not intend to cover SBR under 3903.90 for duty imposition, as Chapter 39 pertains to "Plastic & Articles Thereof," while Chapter 40 pertains to "Rubber & Articles Thereof." The Designated Authority's firm finding was that SBR, a synthetic rubber, falls under Chapter 40. The Supreme Court set aside the Tribunal's finding, restoring the Designated Authority's original decision.

3. Conversion of Duty from Rupee Terms to US Dollar Terms:
The Tribunal converted the anti-dumping duty from rupee terms to US dollar terms without any party's request. The Department's counsel conceded that this conversion was unjustified. The Supreme Court agreed, setting aside the Tribunal's order and restoring the Designated Authority's imposition of duty in rupee terms.

Conclusion:
The Supreme Court partially allowed the appeals, confirming the injury assessment based on 1995-96 data, restoring the Designated Authority's decision to impose duties under Chapter 40 only, and reverting the duty imposition back to rupee terms. No costs were awarded.

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