PUNEET RESINS LTD. Vs. DESIGNATED AUTHORITY

JUDGEMENT

(1.) The brief facts of the case are that on an application of M/s. Apar Industries Ltd. (Domestic Industries), the Designated Authority under the Customs Tariff Act initiated an enquiry on 15 -3 -1996into the alleged dumping of Acrylonitrile Butadiene Rubber (hereinafter referred to as NBR) from Germany and Korea. The Designated Authority recorded the preliminary findings vide order dated 30 -12 -1996. In pursuance to the findings of the Designated Authority, the Central Government issued a Notification imposing an Anti -Dumping Duty on the NBR vide Notification No. 9/97, dated 31 -3 -1997. Thereafter, vide order dated 17 -7 -1997, the Designated Authority submitted its final findings under Rule 17 of the Customs Tariff (Anti -Dumping Duty on Dumped Articles) Rules, 1995 that the dumping of NBR from Germany and Korea resulted in material injury to the domestic industry. In pursuance to the final findings of the Designated Authority, the Central Government issued Notification No. 62/97, dated 30 -7 -1997. Being aggrieved by the said Notification, the importer filed an appeal to the Customs Excise and Gold (Control) Appellate Tribunal (now Customs, Excise and Service Tax Appellate Tribunal). The appeal filed by the importer was dismissed [2000 (119) E.L.T. 157 (Tri.)]. The importer filed Special Leave Petition against the order passed by the Tribunal before the Hon'ble Supreme Court. The appeal is admitted and still pending for disposal.

(2.) On 30 -6 -1999, the Designated Authority on the basis of an application made by the domestic industry issued a notification initiating an investigation/review of the Anti Dumping Duty being imposed on the NBR which was notified by the Central Government by notification dated 30 -7 -1997. The Designated Authority terminated the review investigation on 4 -5 -2000 in view of the request made by the domestic industry. Thereafter, the Designated Authority issued notification dated 24 -5 -2000 suo motu initiating another review investigation in respect of NRB. The period of investigation for this review was April,1999 to March 2000. On 20 -7 -2001, the Designating Authority in terms of Rule 17of the Rules submitted its final findings and recommended an anti -dumping duty in respect of the NBR imported from Germany and Korea. The Union of India issued Notification No. 91/2001, dated 7 -9 -2001 imposing anti -dumping duty in pursuance to the recommendations of the Designated Authority.

(3.) By notification dated 1 -10 -2001, the Designated Authority initiated the sunset review investigation to review the need for continued imposition of the anti -dumping duty in respect of the NBR imported from Germany and Korea. By Notification No. 8/2002, dated 18 -1 -2002, the Central Government amended Notification No. 91/2001, dated 7 -9 -2001, extending the imposition of anti -dumping duty pending the sunset review findings till 30 -7 -2002. Thereafter, by Notification No. 71/2002, dated 22 -7 -2002, the Central Government further amended the Notification No. 91/2001, dated 7 -9 -2001 extending the imposition of anti -dumping duty till 30 -9 -2002. On 21 -9 -2002, the Designated Authority in terms of Rule 23 of the Anti -Dumping Rules submitted its final findings in respect of the sunset review and recommended an anti -dumping duty in respect of the NBR imported from Germany and Korea based on a variable duty methodology as the difference between the reference price and the landed value of the goods after taking into account the customs duty. In pursuance to the recommendations made by the Designated Authority, the Central Government by Notification No. 111/2002, dated 10 -10 -2002 imposed anti -dumping duty on the NBR originating in or exported from Korea and Germany and imported into India at the rate which is equivalent to the differential amount mentioned in column (4) of the table therein and the landed value of imports per metric ton for a further period of 5 years. The relevant portion of the impugned notification is reproduced below : -