LUBRIZOL (INDIA) PVT. LTD. Vs. DESIGNATED AUTHORITY

JUDGEMENT

(1.) Brief Facts : Both these appeals raise identical issues and, therefore, have been argued together for common disposal. Both the sides have referred to the record of appeal No. C/41/2003 during their arguments.

(2.) These appeals have been preferred against the final findings dated 5 -9 -2002 of the Designated Authority and the Notification dated 31 -10 -2002 issued by the Central Government in the exercise of powers conferred by Sub -section (1) read with Sub -section (5) of Section 9A of the Customs Tariff Act, 1975 and Rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti -dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, imposing anti -dumping duty on imports of Poly -Iso -Butene (PIB) at the rate which is equivalent to the difference between the amount specified in column 4 of the table (non -injurious price) and the landed value in US Dollars per MT of such imported PIB exported from the countries specified in column 2 of the table, namely, People's Republic of Korea, Brazil, Japan and Singapore. The anti -dumping duty imposed under the impugned Notification was ordered to be levied with effect from the date of imposition of the provisional anti -dumping duty i.e. 16 -1 -2002.

(3.) In the proceedings before the Designated Authority pursuant to initiation of the investigation concerning imports of PIB against six countries/territories European Union, Brazil, Japan, Korea, Singapore and Thailand, the appellants had filed responses to the initiation notification of 16 -1 -2001. The Designated Authority published the preliminary findings on 12 -12 -2001 recommending levy of provisional anti -dumping duty on the imports of PIB from Korea, Brazil, Japan and Singapore and no duty was recommended against imports from European Union and Thailand. The Designated Authority recommended the reference price of US 1037 per MT for imports from these four countries subjected to the provisional anti -dumping duty. The appellants participated also in the public hearing held on 28 -2 -2002 by the Authority and filed their written submissions contesting the proposed imposition of anti -dumping duty on PIB imports from these countries.