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2018 (2) TMI 1576
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....ocates for Domestic Industry. ORDER Per. B. Ravichandran These two appeals are against final findings dated 29/08/2017 of the Designated Authority (DA), Directorate General of Anti Dumping and Allied Duties, Department of Commerce, Ministry of Commerce and Industry, New Delhi and Customs Notification No. 46/2017 - CUS (ADD) dated 04/10/2017 issued by the Ministry of Finance, Department of Revenue, Government of India, New Delhi. These final findings of the DA and the Customs notification are consequence of a sunset review undertaken by the DA in terms of Section 9A (5) of Customs Tariff Act, 1975 readwith Customs Tariff (Identification, Assessment and Collection of Anti Dumping Duty on Dumped Articles and for Determination of Injur....
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....of condonation of delay of 29 days in filing the appeal. After examining the reasons submitted for such delay, we allow the condonation and take up the appeal for final decision. 4. The learned Counsel appearing for both the appellants submitted that they are aggrieved by the findings and the customs notification to the extent of non-imposition of anti dumping duty on the subject goods produced by Suzhou Luosen Auxiliaries Co. Ltd. and exported by M/s Wujiang City Yilin Foreign Trading Co. Ltd. from China. She submitted on the following points :- (a) the findings of the DA is not correct as per the ratio followed by the WTO in their decision dated 15/12/2003 while examining US sunset review of AD duties on Corrosion Resistant Ca....
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....o the foreign exporters ; (f) positive price undercutting indicates imports will have depressing or suppressing effect on prices. Similarly, the inventories with the producers have increased. All these parameters indicate likelihood of continuation or recurrence of dumping leading to injury. As long as there is dumping the magnitude of such dumping is not a consideration to decide recurrence of dumping and injury in future. In other words, injury margin is not a relevant parameter in a likelihood analysis. (g) A reference was made to other final findings of the DA to submit that even in cases of negative dumping and also injury margin there were instances of continuation of AD duty after sunset review on the basis of findi....
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....g. For other combination of producers and exporters, the rate varied from 0.19 and 0.26 U.S $ per kg. It is plain and clear that though the dumping of PNA from China was established, the treatment for different combination of producer/exporter from that country was based on facts and data relevant to such combination of producer/exporter. In other words, while the injury analysis and dumping margin has been done taking the exporting country/countries as a whole, the quantum of AD duty is certainly arrived at based on data and different parameters, as accepted by the legal provisions mandating the DA during the investigation. 8. The learned Counsel for the appellant submitted that during sunset review, the DA cannot make a recommendation ....
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....dumping investigation, investigating authority must determine whether dumping exists during the period of investigation. In contrast, in a sunset review of an anti dumping duty, investigating authorities must determine whether the expiry of the duty that was imposed at the conclusion of an original investigation would likely to lead to continuation or recurrence of dumping. The mandatory rule in Article 11.3 applies in addition to, and irrespective of, the obligations set out in the first two paragraphs of Article 11. The Tribunal while examining the scope of review by the DA under Rule 23 of AD Rules, in their order No. 34/2000 dated 18/08/2000 held that clause (3) of that rule mandates that in the case of review, provisions contained in R....
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....nventories is not significant leading to conclusion that they will end up in Indian market at dumped price. In view of the above, the Authority notes that there is no likelihood of continuation or recurrence of dumping and injury in case of cessation of anti-dumping duty against M/s Suzhou Luosen Auxiliary Companies Ltd. exporting through M/s Wujiang City Yilin Foreign Trading Co. Ltd." 11. As already noted, the confidential version of final finding which contained all the crucial data was perused by us during the course of hearing. It is clear that the data relevant in para 38, 68, 77 and 78 of the final finding were duly examined by the DA. In fact, on close perusal of such data, we have no reason to differ from the findings as recorde....