TaxTMI 
TaxTMI 
2005 (2) TMI 140
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....n consequent upon a complaint lodged by the private respondent under Rule 5 of the Customs Tariff (Anti-Dumping Duty on Dumped Articles and for Determination of Injuries) Rules 1995 (referred to as 'the Rules'). 2.Rule 14(d) inter alia provides that if the Designated Authority determines that the volume of the dumped imports actual or potential from a particular country accounts for less than 3% of the imports of the like product, he shall terminate the investigation immediately. Nevertheless the Respondent No. 1 continued the investigation in respect of the imports from Bangladesh on the finding that the value of imports made from Bangladesh was more than 6% which was more than the de minimis limit of 3% as provided under Rule 14(d). On....
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.... same time balances the right of exporters from other countries to sell their products within the country with the interest of the domestic markets. Thus the factors to constitute 'dumping', is (i) an import at prices which are lower than the normal value of the goods in the exporting country; (ii) the exports must be sufficient to cause injury to the domestic industry. 5.However a negligible quantity of imports would not be sufficient to cause such injury. Article 5.8 of the Agreement on Implementation of Article VI of the GATT, 1994 makes this clear : "An application under paragraph 1 shall be rejected and an investigation shall be terminated promptly as soon as the authorities concerned are satisfied that there is no sufficient evi....
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....ty is required to determine the injury to the domestic industry taking into account, inter alia, the volume of dumped imports and their effect on the price in the domestic market for like articles. In Section 14 itself, such distinction is maintained in Rule 14(c) and (d). Of particular significance is Annexure II to the Rules, which deals with the principles for determination of injury. Paragraph 1 provides that : "A determination of injury shall involve an objective examination of both (a) the volume of the dumped imports and the effect of the dumped imports on prices in the domestic market for like article and (b) the consequent impact of these imports on domestic producers of such products." 8.Paragraph 2 speaks of the considerati....
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...., the investigation would be dropped and it would, as submitted by the appellant, lead to the absurd situation that a small number of expensive imports would invite anti-dumping investigation but cheap imports flooding the domestic markets would not. In fact such a situation is exactly what the dumping rules have been framed to prevent. 12.Nobody has questioned the preliminary finding of the Designated Authority that the quantity of the imports from Bangladesh during the period of investigation was less than 3% of the total imports of the 'like article' to India. The investigation therefore should have been promptly dropped against Bangladesh. 13.The respondents' submission that the preliminary finding was not conclusive of the matter....