ISMT LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in these proceedings is to an order passed by the Designated Authority by which an investigation under the provisions of the Customs Tariff (Identification, Asseent and Collection of Anti Dumping Duty on Dumped Articles and For Determination of Injury) Rules, 1995, has been terminated.

(2.) The Petitioner engages in the manufacture and sale of Seamless Tubes and Pipes. The Petitioner filed an anti dumping application before the Designated Authority alleging dumping of seamless tubes, pipes and hollow profiles of iron, alloy or non alloy steel (other than cast iron), "whether hot finished or cold drawn or cold rolled, of an external diameter not exceeding of 273 mm or 10"," originating in or exported from the Peoples Republic of China. The Petitioner sought an initiation of investigation and a levy of anti dumping duty on the import of the goods in question. The application of the Petitioner was supported by two other companies Maharashtra Seamless Limited (MSL) and Jindal Saw Limited (JSL). The Petitioner accounted for about 27.09% of the Indian production of goods in 2008 2009. The production of the two supporting companies represented 70% of the total Indian production.

(3.) An investigation was initiated by the Designated Authority by a notification dated 12 January 2010. The notification recorded that the Petitioner, with or without the exclusion of JSL constituted a 'domestic industry' within the meaning of Rule 2 and satisfied the criterion of standing under Rule 5 of the Rules. Under the provisions of Rule 17, the Designated Authority was required to issue a determination within one year from the date of initiation of investigation, this period being liable to be extended by the Central Government in its discretion in special circumstances by a further period of six months. MSL who had supported the application of the Petitioner and being a major producer of the goods in question in the country was called upon by a letter dated 26 April 2010 to submit information pertaining to its costing and as regards the injury alleged to emanate to it. Letters of reminder were addressed to MSL on 3 May 2010, 13 July 2010 and 17 August 2010. JSL, which had also supported the Application, was similarly called upon by letters dated 3 May 2010, 13 July 2010 and 17 August 2010 to submit information and data.