HC
upholds initiation of investigation by Designated Authority (DA) in relation to
imposition of anti-dumping duty on import of ‘non-dyed polyester staple fiber’,
pursuant to application of domestic producer under Rule 5(1) of Customs Tariff
(Identification, Assessment and Collection of Anti-dumping duty on dumped
articles and for determination of Injury) Rules, 1995 (Rules); Notes assessee’s
contention that DA cannot initiate an investigation pursuant to an application
filed by persons deemed to be related to exporters / importers, in terms of
clauses (a) and (b) of Explanation to Rule 2(b); Notes that Rule 2(b) defines
“domestic industry” to mean domestic producers as a whole engaged in
manufacture of like article and any activity connected therewith or those whose
collective output constitutes a major proportion of total domestic production,
but excludes producers related to exporters / importers of alleged dumped
article; Thus, DA is required to determine whether complaint is by any domestic
industry related to exporters / importers based on which he would be in a
position to determine the three factors relevant to injury contained under Rule
12(1) viz. export price, normal value and margin of dumping, and record a
preliminary finding; Finding force in Revenue contention that DA had only
recorded a prima facie view, HC holds that assessee’s interpretation that DA
has come to a conclusion that domestic producer is related to Malaysian producer
and hence not part of eligible domestic industry, is incorrect and accordingly,
dismisses assessee’s writ petition with a direction to DA to hear all the
interested parties : Madras HC
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