TaxTMI 
TaxTMI 
TaxTMI 
2016 (10) TMI 640
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.... Shri Alnit Singh, Advocate for DA, Shri Govind Dixit, DR for Revenue (Respondent) For Int.Party: Ms. Rena Khair, Advocate Shri Rajesh Sharma, Advocate Ms. Rita Jha, Advocate ORDER Per B. Ravichandran: These three appeals are against the final findings dated 19.02.2016 of the Designated Authority (DA), the Directorate General of Anti-Dumping and Allied Duties, Ministry of Commerce and Industry and Notification No. 13/2016-Customs ADD dated 13.04.2016, imposing duties on normal Butanol "subject goods" exported from European Union (EU), Malaysia, Singapore, South Africa and USA. The appellants are producers/exporters of subject goods from Malaysia. 2. Ld. Counsel for the appellants, BASF Petronas Chemicals submitted that there is only ....
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....eliminary objection against the plea of the appellant regarding improper comparison of landed value with the NIP for subject goods without consideration of nature of shipment of bulk or nonbulk. She submitted that the said plea was never made in the appeal papers and as such, it is not tenable for the appellant to raise a fresh issue before the Tribunal. 5. Regarding the construction of non-injurious price, it was submitted that the based on best utilization of raw materials and utilities, the findings were arrived. The normated cost has been arrived in terms of principles given under Annexure-III of Anti-dumping Rules. She further submitted that the NIP calculation of DI is of confidential nature and cannot be disclosed to competing busin....
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.... the DI is not on account of dumped imports but was on account of other fact01's like long closure of unit due to non-availability of main raw materials, etc. It was alleged that the cost construction to arrive at the NIP was not disclosed to the appellants to make fair defence. We have examined the points raised by the appellants very carefully. To start with, we note that the calculation for NIP involves various parameters and the guidelines laid-down under Annexure-III of AD Rules are to be followed. These calculations are admittedly of confidential nature and cannot be fully disclosed to the competing parties. 10. We have perused the final findings, which contained the un-published confidential data analysed by the DA. We note that....
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....rts of the domestic industry for various period of injury were examined. It is seen that the company has identified a number of reasons for its performance, which includes non-availability of propylene from HPCL, increase in the prices of raw materials with no corresponding increase in sale prices of products, increased power cost, decline in gap between the prices o products and raw materials after commencement of new capacities for oxo alcohols in China, deprecation of rupee, general inflation and no corresponding increase in product prices, increase in propylene prices and lower market selling prices for the products, new capacities that have come up and further capacities coming up in the normal scenario, poor product prices and consequ....
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.... all these factors are intrinsically linked to imports also because the domestic industry has to price its product competition to the imports. Since the consumers would want to buy the product at a price comparable to the imported product price, if the domestic industry has not increased its prices despite increase in cost of production, it is also due to availability of low priced imports. It is however appreciated that the increase in the cost of production due to lower production cannot be passed onto the consumers and business enterprises are not expected to charge higher prices merely because they want to maintain their pro M levels and the production (and consequently) sales were lower due to other factors." 11. The DA has taken note....