2017 (1) TMI 136

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....l findings dated 9.6.2016 of the designated authority, Directorate General of Anti-dumping and Allied Duties, Ministry of Commerce and Industries. The Anti-dumping duty was imposed on import of Purified Terephthalic Acid ( PTA ) into India from China PR, Iran, Indonesia, Malaysia and Taiwan (subject countries). 2. The main submissions of the appellants can be summarized as below:- (a) The DA has wrongly excluded the Reliance Industries Ltd. (RIL) from the purview of domestic industry while conducting the investigation as per request of the domestic industry. It is submitted that the exclusion of RIL from the purview of domestic industry is not legally tenable as DA has not exercised the discretion vested on him in terms of Rule 2(b) of t....

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....the DA submitted that the DA has examined all the points now raised by the appellant. He drew our attention to the paras 17 to 21 of the final findings of the DA to state that the issues have already been examined and settled by the DA. There is nothing in the present appeals to warrant interference with the final findings. 6. We have heard all the sides as mentioned above and examined the appeal records along with the written submissions. 7. The imposition of ADD on PTA imported from subject countries is under challenge. We have perused the final findings of the DA carefully. The first point raised by the appellant is regarding exclusion of RIL from the purview of the domestic industry. Admittedly, both the domestic producers (MCPI and R....

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....of MCPI. Regarding the allegation that MCPI had related producers in the subject countries viz. China PR and Indonesia, we find that the issue has been examined and discussed by the DA. He has, in fact, recorded that the MCPI has not imported the product under consideration in India during the relevant period from any of the exporters, who were related to them. The injury of domestic industry has been properly analysed and we find no reason to disagree with the DA on this account. 9. The appellants also pleaded that separate assessment should have been made in respect of Malaysia and for other subject countries. We note that cumulative assessment is proper subject to fulfillment of certain conditions. The dumping margin in the case of Chin....