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2017 (3) TMI 344
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.... Sharma, Advocates - for Domestic Industry. Per. V. Padmanabhan :- The appellant is an exporter of Viscose Staple Fibre excluding bamboo fibre (subject goods) and is located in Hongkong. They participated in the Sunset review investigation of the anti dumping duty imposed on subject goods when imported from China PR and Indonesia. The present appeal is against final Finding dated 08/7/2016 of the Designated Authority (DA), Directorate General of Anti Dumping and Allied Duties, Ministry of Commerce and Industry and Customs Notification No. 43/2016- CUS (ADD) dated 08/08/2016 which was issued based on the said final finding of the DA. The final finding now impugned is on conclusion of Sunset review of anti dumping duty imposed on the su....
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.... review was made in the garb of an Association. The term DI cannot be attributed to a single producer ; (b) the DA calculated wrongly the return on capital without adequate disclosure of basis, procedure and facts regarding the same ; (c) The determination of injury or threat of injury is not based on objective examination of facts and lacks positive evidence. There is no injury to the DI on account of market share, capacity utilization etc. ; (d) the Domestic Industry admitted the decline in sales value due to decline in prices of allied fibres. As such there is no causal link between dumped imports and injury. There is no evidence establishing causal link between imports of subject goods and injury to the DI. 3. The learned Co....
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....istent policy of fixing return on capital unless reputed and contrary evidence for a different standard of return is substantiated by the interested parties. 6. The learned DR appearing for the Revenue supported the final findings of the DA and the customs notification imposing AD duty on the subject goods. 7. We have heard all the parties in the case as summarized above and have perused the appeal records including the written submissions and various case laws relied upon by the parties. The continued imposition of AD duty on the subject goods imported from the subject countries is a matter of dispute in the present appeal. We considered all the points raised by the appellant to contest the imposition of AD duty. 8. To b....
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....sclosed in the final finding. After making adjustments as per norms, the DA has determined weighted average net export price during the POI and indicated the same. 9. The appellant contested the final finding on the issue of non-exclusion of certain types of fibre as the DI is not manufacturing the same. We note that the same is not factually correct. The exclusion sought for micro model/micro fibre is not tenable as the Domestic Industry was producing the said product during the POI. There is no import of the said goods from China and as such there is no implication for the appellant on this account. We also note that the DI has expanded the production capacity of this product. The same has been taken note of and recorded in the final f....
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....the plant is old and clearly depreciated. We also note that the Tribunal in earlier cases upheld the adoption of 22% return. The cases relied upon by the appellant are on facts where interested parties submitted evidence in support of lower return. In the present case, as already noted, the appellant did not produce any evidence to claim any particular return on capital as proper and reasonable. In such a situation, the consistent practice followed by the DA cannot be put to question. In fact, the return on capital was fixed by the DA lower than what is claimed by the DI. 12. After having carefully considered the rival submissions we note that anti dumping duty is a trade remedy measure to counter dumping. Imposition of anti dumping d....