TaxTMI 
TaxTMI 
2017 (11) TMI 1191
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....endations in the final findings of the DA, the Customs Notification imposed Anti dumping duty on Linear Alkyl Benzene (LAB) originating in or exported from China PR, Iran and Qatar and imported into India. Appellants in appeal No.AD/51177/2017 and AD/51178/2017 are contesting the fixation of separate rate of AD duty, on lesser side, for LAB produced by M/s SEEF Ltd., Qatar and exported by M/s QCPMD (Muntajat), Qatar and M/s Renish Petrochem, FZE, as mentioned in Sl. Nos.6 and 7 of the duty table. The appellants are domestic manufacturers of LAB and had supported the initiation of Anti dumping investigation on the import of the subject goods. 2. Appeal No.AD/51337/2017 is by M/s Detergent Manufacturers Association of India challenging the final finding and opposing the imposition of AD duty on the subject goods. 3. The brief facts of the case are that M/s Tamilnadu Petro Products Ltd. and M/s Nirma Ltd. had filed application before the DA in accordance with the Customs Tariff (Identification, Assessment and Collection of Anti Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 for initiation of Anti dumping investigation and for imposition of AD duty o....
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....e was no disclosure of injury analysis and no sufficient time after the disclosure statement was given to the appellants to submit their defence. Selective post disclosure hearing was conducted by the DA and not all the interested parties, including local consumers of LAB, were called. The relied upon evidences were not disclosed. The raw material price and profit margin were not disclosed. The delay in informing initiation of investigation has violated the principles of natural justice. 7. The learned Counsel for Detergent Manufacturers Association of India further submitted that there is no material injury to the domestic manufacturers of LAB. There are factors other than imports causing injury to the DI and this was not properly analyzed. The LAB imported by the user in India is of different molecular constitution and, as such, AD duty should not have been imposed. 8. Contesting the above submissions of the domestic users of LAB, the learned Counsel for M/s Reliance and M/s Nirma submitted that the delay in initiation of investigation is due to filing of updated petition. Sufficient time has been given to all the interested parties to file their objections. The trend analy....
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....on is not proper as individual dumping margin could not have been arrived at in the absence of full transaction details and consequently the weighted average could not be arrived at properly. It is alleged that West Ford having been declared as non-responsive exporter, alongwith Muntajat exports through Renish who has also not cooperated, results in incomplete analysis of relevant data undermining the very basis of recommendation of individual AD duty. 13. We note that Muntajat acted as sole nominated exporter of LAB produced by SEEF, Qatar. The exports are either direct or through two other channels namely, Renish Petrochem and West Ford. We have perused the questionnaire responses filed by Renish Petrochem and Muntajat. The full version of the responses were provided by the learned Counsel for DA for perusal by the Bench. Based on the questionnaire responses the DA examined the required parameters. It is seen that about 88% of exports of LAB produced by SEEF are solely exported through Muntajat either directly or through Renish. The DA has taken into consideration the transaction details as provided in questionnaire responses filed by these exporters and correctly concluded th....
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....e a producer sold the goods through multiple trading channel and one or more trading channel did not participate in the investigation, the DA can proceed to determine the need for fixing individual anti dumping rates based on the data provided by cooperating trading channels. We note such practice has indeed been followed regularly by the DA in various investigations. Reference can be made to final finding dated 10/04/2017 (Posco Korea RP), dated 12/01/2016 (LG Chem Ltd.) and 30/03/2016 (Zhejiang Quhua Flour Chemistry Co. Ltd., China). Considering the above analysis, we find that there is no merit in the contentions raised by these two appellants. Accordingly, we hold that these appeals are to be dismissed. 16. Next, we take up appeal filed by the M/s Detergent Manufacturers Association of India who are the users of LAB. The learned Counsel representing this appellant submitted that the scope of DI was not properly analyzed and recognized by the DA during the investigation. Injury analysis was not disclosed fully. M/s Reliance who entered the picture much later was considered as part of DI. It was also contended that selective post disclosure hearing, by not calling all interest....
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.... questionnaire response and to provide other information to defend their interest. It is clear that the DA ensured that all interested parties get adequate opportunity to defend their interest. 20. With reference to contest on determination of normal value by the DA, we have examined the findings of the DA. We note that none of the parties in China have claimed market economy treatment. Accordingly, the DA has not determined the aspect of market economy and followed the regular practice of determining normal value on the basis of best available information as per Rule 6 (8). 21. Regarding determination of injury to the domestic industry, we have carefully considered the submissions of the domestic users and the findings of the DA. The DA is required to examine injury in both the parameters of volume and price. It is clearly recorded that all parameters of injury need not show deterioration. It is the cumulative assessment of effect of such imports which is appropriate to determine the injury. In this regard both volume effect and price effect of imports have been dealt with elaborately by the DA. The contention of the domestic users that there were other factors causing injur....