TaxTMI 
TaxTMI 
2011 (6) TMI 281
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....old drawn or cold rolled, of an external diameter not exceeding of 273 mm or 10", originating in or exported from the Peoples Republic of China. The Petitioner sought an initiation of investigation and a levy of anti-dumping duty on the import of the goods in question. The application of the Petitioner was supported by two other companies - Maharashtra Seamless Limited (MSL) and Jindal Saw Limited (JSL). The Petitioner accounted for about 27.09% of the Indian production of goods in 2008-2009. The production of the two supporting companies represented 70% of the total Indian production. 3. An investigation was initiated by the Designated Authority by a notification dated 12 January 2010. The notification recorded that the Petitioner, with or without the exclusion of JSL constituted a 'domestic industry' within the meaning of Rule 2 and satisfied the criterion of standing under Rule 5 of the Rules. Under the provisions of Rule 17, the Designated Authority was required to issue a determination within one year from the date of initiation of investigation, this period being liable to be extended by the Central Government in its discretion in special circumstances by a further pe....
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.... that in the absence of data pertaining to the major producers of the goods in India, it was not possible to conclude that there was any injury from the alleged dumped import of the goods in question. The Authority concluded that a "combined analysis of determination of injury" for the period of investigation in respect of the industry could not be carried out in the absence of compliance. The investigation was accordingly terminated. 6. The order which has been passed by the Designated Authority has been challenged on the ground that there has been a violation of the principles of natural justice and a failure to consider relevant information which was disclosed by the Petitioner. Counsel submitted that (i) the proceeding before the Designated Authority is a quasi judicial proceeding, which must be conducted in accordance with the principles of natural justice; (ii) no notice to show cause was furnished to the Petitioner before the investigation was terminated; (iii) the Authority failed to consider the material which was adduced by the Petitioner; and (iv) the order of the Designated Authority terminating investigation suffers from the vice of being a non-speaking order. ....
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....f the Act. The Rules to which a reference has been made earlier have been framed by the Central Government in exercise of powers conferred by sub-section (6) of Section 9A. Rule 2(b) defines the expression "domestic industry" and in so far as is material, it is to the following effect; "2(b) "domestic industry" means the domestic producers as a whole engaged in the manufacture of the like article and any activity connected therewith or those whose collective output of the said article constitutes a major proportion of the total domestic production of that article except when such producers are related to the exporters or importers of the alleged dumped article or are themselves importers thereof [in such case the term 'domestic industry' may be construed as referring to the rest of the producers only] : 10. Rule 5 provides for the initiation of an investigation by the Designated Authority to determine the existence, degree and effect of any alleged dumping upon a receipt of a written application by or on behalf of the domestic industry. The concept of "domestic industry" is defined with reference to the body of domestic producers as a whole engaged in the manufa....
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....ected, at whose instance the investigation was initiated; (b) it is satisfied in the course of an investigation, that there is not sufficient evidence of dumping or, where applicable, injury to justify the continuation of the investigation; (c) it determines that the margin of dumping is less than two per cent of the export price; (d) it determines that the volume of the dumped imports, actual or potential, from a particular country accounts for less than three per cent of the imports of the like product, unless, the countries which individually account for less than three per cent of the imports of the like product, collectively account for more than seven per cent of the import of the like product; or (e) it determines that the injury, where applicable, is negligible." 13. Rule 17 provides for the final findings of the Designated Authority. The Authority has to determine as to whether or not the article under investigation is being dumped in India and to submit to the Central Government its finding as to, (i) the export price, normal value and the margin of dumping ....
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....m the subject country; decline in the production of the Petitioner; decline in the utilization of the capacity of domestic industry; selling price; decline in the volume of sales and profitability for the Petitioner and the industry. 16. Now, it is in this background that the grievance of the Petitioner would have to be assessed. The Application of the Petitioner under the Rules was supported by MSL and JSL. The two supporting manufacturers together account for 70% of total Indian production. The share of the Petitioner is 27%. In the affidavit in reply that has been filed by the Second Respondent, it has been stated that several opportunities were furnished to both the supporting manufacturers to furnish information in relation to costing and injury. Letters were addressed to the supporting manufacturers on 3 May 2010, 13 July 2010 and 17 August 2010. The period of investigation in the present case was between 1 April 2008 and 30 June 2009, JSL did not respond to the request for disclosure of information. A letter was addressed to the Petitioner on 17 August 2010 specifically putting it on notice of the fact that both the supporting manufacturers had not supplied informati....