DOW CHEMICAL PACIFIC LTD. Vs. DESIGNATED AUTHORITY

JUDGEMENT

(1.) GOVERNMENT of India imposed anti -dumping duty, inter alia, on High Impact Polystyrene (hereinafter referred to as HIPS) imported from Hong Kong by Notification No. 42/2000, dated 11 -4 -2000. HIPS comes in several grades including Environmental Stress Crack Resistant grade (hereinafter referred to as ESCR grade).

(2.) APPELLANT before us, Dow Chemical Pacific Ltd. is a company registered in Hong Kong. This company is engaged in marketing Polystyrene manufactured by Dow Chemical Hong Kong Ltd. which manufactures HIPS at its factory situated in Tsing Yi in Hong Kong. They challenge the notification issued by Government of India imposing anti -dumping duty on HIPS exported from Hong Kong. The main arguments advanced by the learned counsel representing the appellant were that ESCR grade HIPS exported by them is not a like article manufactured in India; that there was no injury caused to any Indian manufacturer on account of the export of ESCR grade HIPS by the appellant; that the method adopted by the Designated Authority to arrive at the normal price was bad in law, inasmuch as price fetched on export of the same article to Pakistan was not considered by the authorities and that neither the Designated Authority nor the Government of India took into consideration all relevant matters in imposing anti -dumping duty on ESCR grade HIPS.

(3.) IN the memorandum of appeal, appellant, M/s. Dow Chemical Pacific Ltd. is described as a company engaged in marketing of Polystyrene manufactured by Dow Chemicals Hong Kong Ltd. Learned counsel representing the appellant, M/s. Dow Chemical Pacific Ltd., submitted "Summary of Submissions of the Appellants" before us, highlighting the points raised by the appellant in this appeal. In paragraph 1.4 coming under paragraph 1 "Basic Facts" it is averred :