VOLZNSKY PIPE PLANT Vs. DESIGNATED AUTHORITY

JUDGEMENT

(1.) ASSOCIATION of Seamless Tubes manufacturers filed a petition before the Designated Authority, Ministry of Commerce, Govt. of India alleging dumping into India of seamless tubes originating in or exported from Austria; Czech Republic, Russia, Romania and Ukraine.

(2.) Upon satisfaction that there was sufficient evidence regarding dumping, the Designated Authority initiated Anti Dumping investigation against the imports from these countries in respect of seamless tubes by issue of Public Notice dated 21st May, 1999. The authority published its preliminary findings vide notification dated 10th November, 1999. The preliminary findings recommended imposition of Provisional Anti Dumping duties. Subsequently, at the conclusion of investigations, which included hearing of the interested parties who took part in the investigations, the Authority notified its Final Findings on 19th May, 2000. The Final Findings recommended levy of Definitive Anti Dumping duties. The Anti Dumping duty was recommended at the difference between Reference Price mentioned in column 4 of the table to the Final Finding and the landed value of the imports. Ministry of Finance, Department of Revenue issued Notification No. 91/2000 -Custom, dated 21st June, 2000 imposing Definitive Anti Dumping duties at the rates recommended in the Final Findings of the Designated Authority. The present appeals, though seeking opposite reliefs, are with regard to the imposition of Definitive Anti Dumping duty.

(3.) THE grievance of M/s. Volzhsky is mainly on two grounds. The first ground is that the Designated Authority has acted illegally in taking into account the overall operating position of the exporter while determining the question of dumping of imported goods. The second ground is that, despite their furnishing all the information called for by the Designated Authority during the investigation, normal price for the goods exported by them has been fixed by working out constructed cost, discarding the data furnished by them.