TaxTMI 
TaxTMI 
2000 (2) TMI 323
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....ning imports of EPDM from Japan. Appeal No. C/267/99-AD is filed by an Exporter DSM Idemitsu Limited, Japan. Appeal No. C/22/2000-AD is filed by M/s. Herdillia Unimers Limited (Domestic Industry). 2. Appeal No. C/22/2000-AD. There is a delay of 167 days in filing the appeal. On going through the point raised in the grounds of appeal as well as reasons given in the application to condone delay, we are inclined to admit the appeal and, accordingly, delay is condoned. 3. Appeal No. C/267/99-AD. There is a delay of one day in filing the appeal. Delay is condoned and appeal was taken up for hearing to decide the issues on merits. 4. By impugned order, the Designated Authority recommends imposition of definitive Anti....
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....cle exported into India. The plea of the appellants' counsel is not convincing since he did not adduce any evidence/technical literature with reference to process of manufacture to show that product manufactured by the domestic manufacturers was different from the goods exported into India. He failed to substantiate that they are not similar and interchangeable except stating that they were of different grades. Difference in quality will not make an article as different and Designated Authority was right in observing 'that the fact that qualities may be different, does not imply that the imported product and the domestic are not like articles'. We do not find any valid reason to disturb the findings given by the Designated Authority on this....
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....ing countries increased their export prices of EPDM substantially. 9. Learned counsel, appearing for the Designated Authority, submitted that rightly the appellants have not challenged the invoice value since they did not co-operate with the Designated Authority in furnishing the data with reference to cost of production, D.A. had no alternative but to determine the invoice value based upon the best information available particularly taking into consideration the domestic selling price of other Exporter viz. M/s. JSR against whom duty has also been imposed. But no appeal has been filed by M/s. JSR. As regards injury, he submitted that D.A. has not determined injury on the basis of any single factor but on several factors, production....
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....Industry was not in a position to meet the market requirements and hence, Japan came to the rescue of needy consumers in supplying the requisite material. If the exporters wanted to supply the goods to meet the requirement in Indian market that could be done by exporting the requirements at a price equivalent to normal value but not at a dumped value and to capture the market, as it was rightly pointed out by the counsel for the Designated Authority. On going through the worksheet of the Authority and the confidential information placed before us, we find that fair selling price of EPDM was determined at optimum level of capacity utilization for the period of investigation. The D.A. has clearly brought out that Domestic Industry has suffere....