MAGNET USERS ASSOCIATION Vs. DESIGNATED AUTHORITY

JUDGEMENT

(1.) THIS appeal of M/s. Magnet Users Association is directed against the Customs Notification No. 123/2001 -Cus., dated 12 -12 -2001 and Final Findings dated 23rd October, 2001 of the Designated Authority, Ministry of Commerce, pursuant to which findings, the aforesaid Customs Notification was issued. The final findings were reached upon a review of the anti -dumping duty imposed on Hard Ferrite Ring Magnets under Customs Notification No. 103/99 -Cus., dated 6th August, 1999.

(2.) UNDER final findings impugned herein, the Designated Authority recommended the imposition of a higher amount of anti -dumping duty. The anti -dumping duty imposed is the differential amount between US 1123.8 per MT and landed value of imported "Hard Ferrite Ring Magnet". This duty is applicable to all exports to India of the said ring magnets from all exporters/producers from People's Republic of China.

(3.) IN the appeal, upward revision of duty has been challenged on many grounds like rate of anti -dumping duty cannot be enhanced in a review proceeding, the Designated Authority was in error in treating China as a non -market economy, the working out of the normal value of Chinese goods has been done without proper basis, imposition of anti -dumping duty on all grades of ring magnets was not justified etc. However, during the hearing of the case, it was submitted that the substantive grievance of the appellant is on account of imposition of anti -dumping duty on all grades of magnets, including the grades which are not manufactured in India. It was submitted that if this grievance is removed, much of the difficulty faced by the magnet users would be removed.