VIDEOCON NARMADA GLASS Vs. DESIGNATED AUTHORITY

JUDGEMENT

(1.) THE appellant is a manufacturer of glass TV shells (panels and funnels) for colour picture tube and is having its plant at Bharuch, Gujarat According to the appellant, it is the only plant in India which is manufacturing the above product except Samcor who has recently started producing funnels. These products are purchased by BPL, JCT, LG, Samtel who make complete picture tube and sell the same to all colour TV manufacturers like Samsung, Phillips, Videocon etc. The appellant has been importing Strontium Carbonate, one of the chemicals used as basic raw material for the manufacture of its product. Under Notification No. 70/2001 dated 26 -6 -2001 Govt. of India imposed anti -dumping duty on Strontium Carbonate originating in and exported from China P.R. and imported into India @ US 213.37 PMT. This imposition of duty was pursuant to the recommendation of the Designated Authority in his final finding under Notification dated 15 -6 -2001. In the final finding the Designated Authority had come to the conclusion that (a) Strontium Carbonate in all forms originating in or exported from the People's Republic of China has been exported to India below its normal value (b). The domestic industry has suffered material injury by way of decline in its market share and financial losses on account of price depression caused by the low landed prices of the dumped Strontium Carbonate and (c) the injury has been caused to the domestic industry by dumping of the subject goods originating in or exported from People's Republic of China.

(2.) BACKGROUND to the imposition of duty is that M/s. TCM Ltd. which is the only manufacturer of Strontium Carbonate in India filed a complaint on behalf of domestic industry against import of Strontium Carbonate from China P.R. and Germany. Based on the petition the Designated Authority initiated proceedings which ended in final finding as mentioned above.

(3.) THE main contention raised by the appellant herein who is the importer of Strontium Carbonate from China P.R. and who is adversely affected by the imposition of anti -dumping duty, is that Strontium Carbonate which is being imported by the appellant is in granular form, the product of TCM is in powder form and if powder form of Strontium Carbonate is used, it will affect the quality of the appellants' final product. It is contended by the appellant that world wide TV glass shell (panels and funnels) part manufacturers use prilled/small granular Strontium. Carbonate for manufacture of glass shell and Strontium Carbonate in that form is not manufactured by TCM.