TaxTMI 
TaxTMI 
2011 (8) TMI 745
X X X X Extracts X X X X
X X X X Extracts X X X X
....ing definitive anti-dumping duty on carbon black from a number of countries (subject countries). 2. Mr. Seetharaman, learned Advocate for the appellants mainly canvasses the following grounds raised in the appeal against the impugned final findings and the impugned Customs Notification imposing anti-dumping duty :- (1) The petition by the Domestic Industry (D.I.) was not supported by sufficient evidence. (2) The computation of normal value by the D.A. is defective. (3) The determination of material injury as well as threat to material injury has not been correctly done by the D.A. The injury analysis suffers from non-disclosure of information regarding types of products which have been included and which have been excluded. (4) The D.A. has considered data for post-investigation period for determining injury and threat of injury. The D.A. has considered data for only the first quarter succeeding the POI and has not considered the data for second quarter after the POI. (5) There was no adverse impact on the D.I. in respect of any of the econo....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n in India also increased from 4.87% to 10.38%. Therefore, the import volumes increased significantly both in absolute terms and relative to production in India. As regards the price effect, there was undercutting in the range of 3% to 8%. Other relevant parameters include the changes in the cost of production vis-à-vis the selling price during the POI. For example, in the first quarter of the POI the selling price (Rs. per MT indexed) was 128, which increased to 179 in the last quarter of the POI and further to 192 in the post POI period. As against this the cost of production increased from 117 to 182 in the last quarter and to 234 in the post POI period. The D.I. was, therefore, prevented from increasing its prices to cover the increased cost of production. The profit and return on investment also declined significantly during the POI. For example, the return on investment in the beginning of the POI was 189 which reduced to 81 at the end of POI and to (184) in the post POI period. There was also a substantial increase in the inventories. The relevant parameters have been duly considered by the DA. in its findings. The existence of thereat of injury has also been examined....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ssociation representing the importer tyre manufacturers in India. To a query from the Bench, the learned Advocate Shri S. Seetharaman clarifies that this is not an appeal by proxy on behalf of the exporters. In the absence of challenge by the exporters to various determinations made by the D.A., it can be safely concluded that the exporters are not aggrieved by the final findings. 12. A challenge to the determination of normal value has been raised on behalf of the appellants. As pointed out by the learned Advcoate Ms. Reena Khair appearing for the D.I., it has been held by the Tribunal in the case of AIIGMA (supra), that determination of normal value cannot be challenged by any one other than the exporter or manufacturer of the subject goods and that the appellant-importers are not entitled to question the correctness or otherwise of the normal value. This decision of the Tribunal has been followed by us in several other cases. 13. As regards the challenge to the sufficiency of information for initiation of the anti-dumping investigation raised by the appellants, firstly it is rather too late to challenge the initiation when the final findings have been rendered, t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....im has been done transparently and the D.A. has also fulfilled the obligation cast on him as regards public hearing and issue of disclosure statement before making his final findings. Therefore, no adverse inference can be drawn from the D.A. analyzing the data the way he has done nor any mala fides can be attributed. As regards the allegation regarding non-disclosure and the scope of the product under consideration, we find that the D.A. has dealt with the same adequately under paragraph 4 to 15 of the final findings. We find that the submissions made were placed in the public file and was made available through the same which was open for inspection and obtaining copies by all interested parties. 14. We also find that after determining normal value and export price of the subject product, the D.A. has proceeded to determine the dumping margins. As indicated in paragraph 86 to the final findings, the dumping margins for various cooperative producers/exporters as well as non-cooperative producers/exporters have been determined separately which fall in the range from 20.93% to 93.72%. Thereafter, the D.A. has proceeded to determine the injury and causal link. We observe that....
X X X X Extracts X X X X
X X X X Extracts X X X X
....that injury to the D.I. has been caused by the dumped imports :- "(a) Whereas feedstock prices increased significantly over the injury period, the import prices did not increase in proportion to such increase in the feedstock prices. The landed prices of imports were lower than the selling price of the domestic industry. As a result of price undercutting, the consumers have resorted to higher volume of imports, thus leading to loss of potential sales and decline in market share. (b) Decline in market share has prevented the domestic industry from raising their production and plant utilization. It is observed that the production and the utilization declined after Dec. 2007 due to presence of dumped imports. (c) Landed price of imports were undercutting the prices of the domestic industry. Resultantly, lower import prices appear to have prevented the domestic industry from increasing their prices. (d) Price suppression effect of the imports has directly resulted in deterioration in profitability of the domestic industry and consequently the return on investment and cash profits. Thus, the decline in profits, return on investments and cash profits is ap....