J K INDUSTRIES LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is a limited Company incorporated under the provisions of Companies Act, 1956. Amongst others, the petitioner Company is engaged in the business of manufacture of tyres for which it has its manufacturing facility at Kankroli, Rajasthan. For the purposes of its manufacturing in Rajasthan of such tyres, the petitioner imports Nylon Tyre Cord Fabric (NTCF) from various manufacturers/exporters of other countries including from those situated in Peoples Republic of China. THE NTCF so imported is comprised of three different varieties namely, the grey fabric, dipped fabric and Cycle Tyre Cord Fabric (CTC). THE petitioner is also a member of Automotive Tyre Manufacturer Association (ATMA). THE association represents the collective interest of tyre manufacturers.

(2.) THE Association of Synthetic Fibre Industry (ASFI), whose members are the manufacturers of synthetic fibre in India, including NTCF, submitted a written application before the Designated Authority appointed by the Central Government under Rule 3 of the Customs Tariff (Identification, Assessment and Collection of Anti Dumping Duty on Dumped articles and for Determination of Injury) Rules, 1995 (hereinafter the Anti Dumping Rules/Rules of 1995) on behalf of the domestic manufacturers that the exporters from China are dumping the NTCF in Indian Market and it is causing injury to domestic industry of NTCF and that there is a causal connection between such dumped articles and the injury to domestic industry.

(3.) THE petitioner also brought to the notice that applicant ASFI had previously also filed an application before the Designated Authority praying for imposition of Anti Dumping Duty on the alleged imports of the very same article viz. NTCF from Indonesia, Korea, Thailand and Taiwan. On finding causal connection between the exports from the named countries to India with injury to domestic industry as a result of dumping, the Designated Authority in the first instance vide its final findings dated 22.2.2000 recommended imposition of Anti Dumping Duty. However, in its mid term review findings dated 20.3.2003, the Designated Authority recommended to discontinue the said Anti Dumping Duty on the ground of absence of causal link between the dumped article and injury suffered by the domestic industry. This has happened shortly before the fresh petition was filed by the ASFI in relation to imports from China of the very same article NTCF.