AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2016 (10) TMI 607
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....ted party. ORDER Per: B. Ravichandran: The appeal is to challenge the imposition of Countervailing Duty (C VD) by Notification No. 1/20 16-Cus (CVD) dated 19.01.2016 as per Final Findings of the Designated Authority (the DA), Directorate General of Anti-Dumping and Allied Duties, Ministry of Commerce and Industry. 2. The brief facts of the case are that M/s Larsen & Toubro Limited (Petitioner/DI approached the DA for initiation of anti-subsidy Countervailing Duty investigation concerning imports of 'Castings for Wind Operated Electricity Generators' (subject goods) originating in or exported from China PR. The DA initiated such investigation vide Public Notice dated 29.05.2014. After following the procedure as set out in Customs Tar....
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....by public body for less than adequate remuneration. The Finding of the DA is vague, as to the exact nature of 'public body' and 'private intermediaries' who are involved in the grant of such benefits. The support drawn from U.S. authorities Finding is misplaced. The raw materials involved there were wire rod and zinc. Further. the subsidy margin cannot be arrived at based on world market prices as benchmark. 6. The subsidy margins for various programs Nos. 8 to 13, 25 have been arrived at without any specific supporting data. There is no evidence to indicate Counsel that any of them are countervailable. 7. The Id. Counsel also submitted that adequate opportunity was not given to the appellant to clarify and defend their positi....
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....venue supported the customs notification. In view of non-cooperation by the producers and China, it is for the DA to follow the legal option available to draw adverse conclusions based on available information. 12. We have heard all the parties as above, perused the appeal records and written submissions. The CVD levied on subject goods from China is under challenge. We note that the appellant is an Association of user industry in India of subject goods. They were issued with notice by DA alongwith many of the members. Some of the importers, who are also members of Association did file questionnaire response and were part of the proceedings before the DA. To that extend appellant's connection to the proceedings cannot be disputed. Howe....
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....uantum of financial / material support, the status and role of institution providing such support, countervailability of such subsidy as per the terms of CVD Rules and international agreements etc. is of paramount importance to arrive at a finding. In the present case, we note that Government of China neither provided the complete information, nor consented for the on the spot verification offered by the DA. The Chinese Government did not permit the DA to visit China to conduct on the spot verification of data/ information furnished by the sole respondent producer/ exporter. In para 6 of the Findings the DA records: "6. The Authority notes that despite adequate opportunities provided to the Government of China(GOC) through the deficiency l....
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....orters/ producers of subject goods. 16. Having considered the case in the above factual matrix, we have to examine the correctness of Finding by the DA. We note, though the initiating of investigation was notified for 45 programs, the DA terminated enquiry in respect of many programs, restricting the final investigation only to 23 programs. Each one of these programs has been individually dealt with, though with limited data available. We have perused programewise findings. 17. We note that based on the information furnished by the only co-operating producers/ exporter (Jiali Wind Power) and after analysis, the DA fixed a programwise as well as total subsidy margin to the said exporter. For, others who did not co-operate, based on legal o....
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....ve to production or consumption in India. (3) With regard to the erect o the subsidized import on prices, the designated authority shall, consider whether there has been a significant price undercutting by the subsidized imports CIS' compared with the price of a like article in India, or whether the effect of such imports is otherwise to depress prices to a significant degree or to prevent price increases, which otherwise would have occurred, to a significant degree. 114. Para 1 (5) of the Annexure I to the Rules lists relevant economic parameters to the evaluated by the designated authority: "(5) The designated authority while examining the impact of the subsidized imports on the domestic industry shall include an evaluation of al....