ALKALI MANUFACTURERS Vs. DESIGNATED AUTHORITY, MINISTRY

JUDGEMENT

(1.) THESE three appeals and Misc. applications have been filed by M/s. Alkali Manufacturers Association of India, M/s. Hindustan Lever Limited and M/s. National Aluminium Co. Ltd.

(2.) M /s Alkali Manufacturers Association of India (hereinafter referred to as AMAI) filed a petition before the Designated authority on behalf of the Domestic Industry alleging dumping of Sodium Hydroxide commonly known as Caustic Soda originated in or exported from people's republic of China and Korea PR. Public notice dated 14th May, 2002 was published in Gazette of India Extraordinary, initiating anti -dumping investigation concerning imports of Caustic Soda from the subject countries. Preliminary findings were notified by the Designated Authority under Notification dated 21st September, 2002 and the interested parties were requested to make their views known in writing. A copy of the preliminary findings was also sent Page 279 to known exporters, importers and embassies of subject countries in India requesting them to advice the producers and exporters in their countries to respond to the Designated authority (hereinafter referred to as "JDA") to furnish their views. Opportunity of public hearing to interested parties was given on 18th February, 2003. Thereafter all parties were requested to file written submissions of their views. The authority made available the public file to all interested parties containing non -confidential version of evidence submitted by various interested parties for inspection, on request. In accordance with Rule 16 of the Customs Tariff (Identification, Assessment and collection of Anti -dumping Duty on dumped Articles and for Determination of Injury) Rules 1995, (hereinafter referred to as Anti Dumping Rules), the essential facts/basis considered were disclosed/made known to the interested parties on 14th July, 2003. The investigation covered the period from 1st April, 2001 to 31st March, 2002. On the basis of the preliminary findings of the Designated Authority dated 21st September, 2002, provisional anti -dumping duty was imposed under Notification No. 142/2002 -Cus dated 26th December, 2002. Final findings of the DA dated 4th August, 2003 were notified on 8th August, 2003. On the basis of the final findings of the Designated Authority, antidumping duty was imposed for imports from Korea RP (except from M/s. Hanwah Chemical Corporation) and China PR under Notification No. 142/2003 dated 23rd September, 2003)

(3.) IN the present appeal by M/s. A.M.A.I., the findings of the Designated Authority not recommending imposition of Anti -dumping duty on M/s. Hanwah Chemical Corporation has been challenged whereas M/s. National Aluminium Co. Ltd. and M/s. Hindustan Lever Ltd. have opposed imposition of anti -dumping duty on import of Caustic Soda. Arguments on behalf of the Domestic Industry: It was pleaded for M/s. Alkali Manufacturers Association of India representing domestic industry that the finding of the Designed Authority on the imports made from M/s. Hanwah Chemical Corporation, Korea recommending the anti -dumping margin as de -minimis (minus 4.2 per cent) is not based on the correct appreciation of the facts. The normal value and the export price of Sodium Hydroxide (Caustic Soda) has not been correctly worked out in case of M/s. Hanwah Chemical Corporation as the data provided by the Corporation was not correct. The determination of normal value by the designated authority was challenged on the grounds that: