LAWS(CE)-2002-10-114

UNIVERSAL CHEMICALS AND INDUS. Vs. DESIGNATED AUTHORITY

Decided On October 28, 2002
Universal Chemicals And Indus. Appellant
V/S
DESIGNATED AUTHORITY Respondents

JUDGEMENT

(1.) Challenge in this appeal filed by M/s. Universal Chemicals and Industries Ltd. is against final finding of the Designated Authority issued under Notification dated 8 -9 -2001 as well as Notification dated 1 -11 -2001 issued by the Ministry of Finance, Department of Revenue imposing anti dumping duty on imports of Potassium Permanganate from People's Republic of China, Hong Kong and Taiwan. Initiation of anti dumping investigation concerning import of Potassium Permanganate originating in or exported from the above countries was on the basis of a petition filed by the appellant herein. In this appeal the relief sought by the appellant is that anti -dumping duty to be levied and collected on all imports of Potassium Permanganate from China into India ought to be @ 610 US PMT as was held in the preliminary finding under Notification dated 3 -12 -2000.

(2.) On the basis of the petition filed by the appellant herein who is the sole producer of Potassium Permanganate in India anti dumping investigation concerning the import of Potassium Permanganate originating in or exported from China, Hong Kong and Taiwan was initiated under Notification dated 30 -10 -2000. In the preliminary finding the Designated Authority came to the conclusion that Potassium Permanganate has been exported to India from China, Hong Kong and Taiwan below normal value resulting in dumping, that the domestic industry has suffered injury and that the injury has been caused by import from subject countries. It was also decided to recommend anti -dumping duty on all the Producers/Exporters from China, Hong Kong and Taiwan.

(3.) In the final finding under Notification dated 8 -9 -2001 recommendation for imposition of anti dumping duty was modified with respect to quantum. A chart showing the amount of duty recommended under preliminary finding and final finding is given below : -