2016 (10) TMI 606

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....es - for (M/s Domestic Industry) the appellant. ORDER These are three appeals against final findings of the Deisgnated Authority, Directorate General of Anti Dumping and Allied Duties, Ministry of Commerce and Industry and Customs Notification issued upon such final findings imposing Anti Dumping Duty on Soda Ash imported from various countries. The All India Glass Manufacturers Federation filed two of these appeals challenging final findings of the DA dated 17/02/2012 [Customs Notification No. 34/2012 CUS (ADD) dated 03/7/2012] and final findings dated 09/2/2013 [Customs Notification 8/2013 dated 18/4/2013] on imposition of AD duties on the subject goods when imported from China PR, European Union, Kenya, Iran, Pakistan, Ukraine and USA ....

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....n was more than NIP the DA should not have initiated investigation for AD duty. He further submitted that the DA did not make proper distinction in the analysis between 'dense' and 'light' Soda Ash. They are used by different user industry, one by soap manufacturers and the other by glass manufacturers. The main thrust of the learned Counsel's argument is that there is no injury to the DI as they have been realizing much higher amount than NIP. 5.  The learned Counsel appearing on behalf of respondent No. '9' [M/s Detergent Manufacturers Association of India] supported the arguments of learned Counsel for the appellants against AD duty. 6.  The learned Counsel for the Domestic Industry contested the submi....

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....is no price injury to the Domestic Industry as the sale price is higher than NIP. The fall in profit of DI is not attributable to the import of subject goods. We note that there is no legal provision to mandate the DA to compare NIP with NSR in order to determine the price effect. NSR is not the only parameter to decide on AD duties. The other price effects of imports such as price suppression and price depression are to examined. We find that these aspects have been specifically examined by the DA in para 117 and 118 of his findings dated 17/2/2012. He concluded that there is a price suppression affecting the DI. It was further recorded that per unit profits of DI in respect of production and sale in the domestic market has significantly d....