TaxTMI 
TaxTMI 
2017 (6) TMI 1170
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....ounsel for the petitioners submitted that as per the order of this Court, the mid-term review has in fact been undertaken and the disclosure statement dated 7.5.2017 has already been published. This statement of disclosure contains prima-facie findings going in favour of continuing anti-dumping duty. They read as under: "Examination by the Authority 87. The Authority examined the likelihood of continuation or recurrence of injury consiering the parameters relating to the threat of material injury in terms of Annexure II (vii) of the Rules as per the directions of the Hon'ble High Court of Gujarat. The Hon'ble High Court, inter alia, has observed as under : Thus, though most of the factos which are required to be taken into consideration for the purpsoe of determination of injury, namely, increase in volume, increase in dumping, increase in margin of dumping and price undercutting are all positive and only price suppression and price depression are absent, the designated authoirty, instead of relying upon the said factors for the purpose of basing his decision as to whether or not to continue with the determinative measures, has plaed reliance upon....
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....ity has failed to follow the procedure laid down under clause (vii) of Annexure-II to the rules for the purpose of determination of threat of material injury in the manner prescribed thereunder. 88. The Hon'ble Court further observed that: Thus, the designated authority has based its findings on essential facts based upon the "injury margin" and "price underselling" as well as the fact that price undercutting is negative. As noted hereinabove, insofar as the injury margin and price underselling are concerned, the same are not relevant factors at the stage of examination of likelihood of injury in a disclosure statement. The designated authority was, therefore, not justified in placing reliance upon factors like "injury margin" and the "price underselling" while considering the question of likelihood of injury to the domestic industry in case of revocation of duties. 89. In view of the above, while considering the likelihood aspect, under clause (vii) of Annexure -II to the Rules the authority considered inter-alia following factors: "90. present and continued imports The Authority has undertaken analysis of the volume of exports of the subject goods t....
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....he Authority further notes that the interested parties have not established absence of sufficient freely disposable, or substantial increase in capacity with the exporters in subject countries." xxxxxxx 92. Present and Continued Dumping Price undercutting without anti-dumping duty is positive and significant for all subject countries as a whole. The domestic industry contended that the Authority should determine price undercutting after including freight costs. The price undercutting was determined at the time of original investigations without adding freight and present investigation being only a midterm review of existing ADD, it would be appropriate to determine price undercutting without adding freight. However, given positive price undercutting, the applicant and other interested parties have not established that if anti-dumping duties are withdrawn at this stage; the imports would cause significant price undercutting and would not lead to significant suppressing and depressing effect on the prices in the market. The Authority also notes that the domestic industry has heavily contended that exports from a number of subject countries are at a price ma....
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....er extension or reimposing of antidumping duty by way of notification, would have ended the protective umbrella available to the indigent industries. Therefore, the sun-set review for continuing anti-dumping duty or otherwise is undertaken as per notification dated 16.6.2017, copy whereof is produced at page-247. In case if the exercise of sun-set review continues beyond 2.7.2017, then the earlier notification dated 3.7.2012 would lapse. However, as per the (ii) proviso to Section 9 (A)(5) of Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995; it is open to the Government of India to issue the notification extending the anti-dumping duty for further period of 1 year or part thereof so as to prevent lapsing of the anti-dumping duty notification leaving the indigent industry in lurch. 3. As the Sun-set Review had began as per the notification dated 16.6.2017 and as the anti-dumping duty earlier notification dated 2.7.2012 was to lapse on 2.7.2017, the petitioners of one of petition being SCA No. 12249 of 2017 made representation, copy whereof is produced at page nos. 252 and 253 to autho....