2016 (10) TMI 661

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....te for DA and Govind Dixit, Authorized Representative (DR) - for the Respondent. For I.P. : Ms. Reena Asthana Khair, Shri Rajesh Sharma, Ms. Rita Jha, Advocates and Aastha Gupta, C.A. ORDER Per. B. Ravichandran : These are four appeals filed against Final Finding of the Designated Authority (the DA), Directorate General Anti-Dumping and Allied Duties, Ministry of Commerce and Industry and Notification No. 23/2015 - CUS (ADD) dated 27/05/2015 issued by Ministry of Finance. 2. M/s MCC PTA India Corporation Pvt. Ltd. (MCPI) and M/S Reliance Industries Ltd. (RIL) (the DI) jointly approached the DA for initiation of anti-dumping investigation on import of purified terephthalic acid (subject goods) from China PR, EU, Korea RP an....

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.... through common share holding by Mitsubishi Chemical Corp., Japan. (c) Final Finding is in violation of principles of natural justice as the appellants were not given all relied upon evidences and no post disclosure hearing was granted. (d) the Final Finding has been issued after exercise of discretion in arbitrary and seemingly biased manner. The disclosure statement did not contain details like effect of IOCL prices and injury examination in Plant Il of MCPL due to new technology found faulty.  5. The learned Counsel for DI contested the submissions of appellants. It is submitted that : (a) Price injury is sufficient to determine the injury to DI. There is clear finding on price suppression due to increased imports. The i....

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....0% of Samnam Petrochemicals who is an exporter of subject goods to India. We have examined the factual and legal position in this regard, During POI Samnam's export of subject goods to India is an exception and not a regular trading activity. Further, Mitsubishi Chemical Corp., Japan does not have controlling effect on the activities of Samnam Korea. We are in agreement with the DA that the facts of the case indicate that no undue benefit accrued MCPI out of the above share holding arrangement in case of levy of AD duty. After noting the detailed reasoning recorded by the DA (para 12 of the Finding) we find that there is no justification for treating MCPI as not eligible for DI. 10. Regarding the allegation of faulty analysis of mate....

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....stigation and remedy thereafter. If appellant's plea is accepted, it follows a second hearing is to be considered for all parties, who after oral hearing have to submit written note of their comments which has to be made available to all the other parties who will insist on further oral hearing and written comments on the issues raised which has to be made known to all interested parties and the cycle will continue indefinitely without any possible conclusion by the DA. The initiation of investigation for AD duty was notified with supporting applications. All interested parties give comments and were personally heard. Thereafter, upon analysis of all facts and comments after due verification the DA discloses the proposals. Again comment....