AI Drafter 
TaxTMI 
TaxTMI 
2022 (12) TMI 985
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....ustry, is that despite the recommendation made by the designated authority in the final findings dated 11.01.2021 pursuant to the sunset review investigation that was initiated on 14.01.2020 for imposition of anti-dumping duty on imports of Dimethyl Formamide [the subject goods] originating in or exported from Saudi Arabia and China PR [the subject countries], the Central Government did not issue the notification for imposition of anti-dumping duty even though three months had expired from the date of publication of final findings. 2. The domestic industry had filed an application before the designated authority for initiation of a sunset review investigation concerning imports on the subject goods originating in or exported from the subject countries. A public notice dated 14.01.2020 was thereafter issued for initiation of sunset review investigation. The period of investigation was from 01.01.2019 to 30.09.2021 and the injury examination period was from April 2016 to March 2019 and the period of investigation. 3. Oral hearings were conducted and the parties that attended the oral hearings were advised to file written submissions on the views expressed orally, followed by re....
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....ed concerning dumping and consequent injury having been suffered by the Appellant, or; b) the Hon‟ble Tribunal may be pleased to direct the Respondent No. 1 to levy the duty as recommended by the Desiganted Authority in view of the serious findings recorded concerning dumping and consequent injury having been suffered by the Appellant pending and subject to the final disposal and outcome of this appeal, and/or; c) The Respondent No. 1 may be directed to communicate its decision concerning Final Finding Notification F. No. 6/37/2019-DGTR issued by the Respondent No. 2, Designated Authority, in the matter of anti-dumping investigation concerning imports of "Dimethyl Formamide‟ (DMF) originating in or exported from China PR and Saudi Arabia dated 11th January, 2021; and d) The Respondent No. 1 may be directed to reconsider its decision if it has decided not to impose the duties as recommended vide Final Finding Notification F. No. 6/37/2019-DGTR holding that no reasons are shown for such non-levy and the matter may kindly be remanded back to the R-1 for fresh/reconsideration. e) Any other order may be passed as deemed fit in the....
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....ntral Government, in a review, is of the opinion that the cessation of such duty is likely to lead to continuation or recurrence of dumping and injury, it may, from time to time, extend the period of such imposition for a further period of five years and such further period shall commence from the date of order of such extension. 11. Sub-section (6) of the section 9A of the Tariff Act provides that the margin of dumping has to be ascertained and determined by the Central Government, after such enquiry as may be considered necessary and the Central Government may, by notification in the Official Gazette, make rules for the purpose of this section. 12. Section 9C of the Tariff Act deals with Appeal and sub-section (1) of section 9C is reproduced below: "9C. Appeal (1) An appeal against the order of determination or review thereof shall lie to the Customs, Excise and Service Tax Appellate Tribunal constituted under section 129 of the Customs Act, 1962 (52 of 1962) (hereinafter referred to as the Appellate Tribunal), in respect of the existence, degree and effect of- (i) any subsidy or dumping in relation to import of any article; or (ii) impor....
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....e a copy of the application referred to in sub-rule (1) of Rule 5 to- (i) the known exporters or to the concerned trade association where the number of exporters is large, and (ii) the governments of the exporting countries: Provided that the designated authority shall also make available a copy of the application to any other interested party who makes a request therefor in writing. (4) The designated authority may issue a notice calling for any information, in such form as may be specified by it, from the exporters, foreign producers and other interested parties and such information shall be furnished by such persons in writing within thirty days from the date of receipt of the notice or within such extended period as the designated authority may allow on sufficient cause being shown. Explanation: For the purpose of this sub-rule, the notice calling for information and other documents shall be deemed to have been received one week from the date on which it was sent by the designated authority or transmitted to the appropriate diplomatic representative....
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....p;India. (2) The designated authority shall determine the injury to domestic industry, threat of injury to domestic industry, material retardation to establishment of domestic industry and a causal link between dumped imports and injury, taking into account all relevant facts, including the volume of dumped imports, their effect on price in the domestic market for like articles and the consequent effect of such imports on domestic producers of such articles and in accordance with the principles set out in Annexure II to these rules. (3) The designated authority may, in exceptional cases, give a finding as to the existence of injury even where a substantial portion of the domestic industry is not injured, if- (i) there is a concentration of dumped imports into an isolated market, and (ii) the dumped articles are causing injury to the producers of all or almost all of the production within such market." 19. Rule 17 deals with final findings. It is reproduced below: "Final findings.- (1) The designated authority shall, within one year from the date o....
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....es for determination of non-injurious price. 24. It is keeping in mind the aforesaid legal provisions that the submissions advanced by the learned counsel for the appellant and the learned counsel for the respondents, as also the learned authorized representatives appearing for the respondent Union of India have to be considered. Whether Central Government has taken a decision not to impose anti-dumping duty 25. Section 9A of the Tariff Act provides that where any article is exported by an exporter or producer from any country or territory to India at less than its normal value, then, upon the importation of such article into India, the Central Government may, by notification in the Official Gazette, impose anti-dumping duty not exceeding the margin of dumping in relation to such article. It is under rule 17 of the 1995, Anti-Dumping Rules that the designated authority is required to, within one year from the date of initiation of an investigation, determine as to whether or not the article under investigation is being dumped in India and submit its final findings to the Central Government. Under rule 18, the Central Government may, within three months of the date of publi....
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....stence, degree and effect of any subsidy or dumping in relation to import of any article or import of any article into India in such increased quantities and under such condition so as to cause or threatening to cause serious injury to domestic industry requiring imposition of safeguard duty in relation to import of that article. Learned counsel underlined the significance of the aforesaid bold portion and submitted that the expression has been deliberately used by the Parliament in section 9C, unlike section 128 of the Customs Act 1962, wherein an appeal lies against any decision or order. The submission is that in view of the provisions of section 9A of the Tariff Act read with the provisions of the 1995 Anti-Dumping Rules, the power to investigate and determine the existence, degree and effect of any dumping in relation to import of any article vests with the designated authority and, therefore, by corollary, the final findings issued by the designated authority would constitute an "order of determination in respect of the existence, degree and effect of any dumping" in relation to import of any article. In support of this submission, learned counsel placed reliance upon the dec....