2023 (6) TMI 708

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....Ltd., Technova Imaging Systems Private Limited, MAHLE Anand Thermal Systems Private Limited, Aluminium Secondary Manufacturers Association, Alutech Packaging Private Limited, Greenberry Foils India Limited, Jindal (India) Limited, Raviraj Foils Limited, R.S. Foils Private Limited, Shree Venkateshwara Electrocast Private Limited, ACP Manufacturer Association, Aludecor Lamination Private Limited, Indomax Industries HON'BLE MR. JUSTICE DILIP GUPTA, PRESIDENT, HON'BLE MR. P.V. SUBBA RAO, MEMBER (TECHNICAL) AND HON'BLE DR. RACHNA GUPTA, MEMBER (JUDICIAL) Mr. Devesh Tripathi, Shri Rajesh Sharma, Ms. Rupali Sharma, Shri Nikhil Sharma, Advocates for the Appellant Shri S. Seetharaman, Shri Darpan Bhuyan, Advocates, Ms. Reena Asthana Khair, Ms. ....

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....stigation was initiated by the designated authority by a notification dated 08.09.2020 to determine the existence, degree and effect of the alleged dumping and to recommend the amount of anti-dumping duty, which, if levied, would be adequate to remove the injury to the domestic industry. The investigation was conducted for the period from 01.04.2019 to 31.03.2020 and the injury analysis period was notified to be from 01.04.2016 to 31.03.2019 and the period of investigation. The designated authority provided an opportunity to all the interested parties to present their submissions orally in the hearing conducted on 25.05.2021 and the interested parties who presented their views were advised to file written submissions of the views expressed ....

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....e suppressing the prices of the domestic industry. The production and the sales of the domestic industry have remained largely stable in the period of investigation while the capacity utilization remains suboptimal. It is noted that the market share of domestic industry has declined by 12% in the period of investigation whereas market share of the imports from the subject country has increased by 35%. The performance of the domestic industry has significantly deteriorated in respect of profits, cash profits and return on capital employed. The domestic industry has suffered financial losses, cash losses and negative return on investments in the period of investigation. c) The material injury suffered by the domestic industry has been cause....

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....uty on flat rolled products of aluminium for a period of 5 years from the date of publication of the notification. However, the following two products were excluded from the scope of the subject goods. "i. Can-body Stock-also includes Can End Stock (CES) used to make aluminium cans. ii. Aluminium Foil up to 80 microns." 4. A preliminary objection was raised by the learned counsel for the respondents that the present appeal would not be maintainable as the appellant had not participated in the investigation and the proceeding before the designated authority. 5. The appellant, therefore, filed Miscellaneous Application No. 50681 of 2022 with a prayer that permission may be granted to file additional documents. It has also been stated th....