By Gazette Notification No.
The appellant being aggrieved, filed appeals before the Tribunal against the final findings dated 2nd of June, 1999.
The appellant Rishiroop Polymers Private Limited is the authorised exclusive Intending Agents and Representatives of Messrs Korea Kumho Petrochemials Company Limited KKPC , Republic of Korea for the sale of their products, namely, Styrene Butadiene Rubber SBR and other products.
The second submission relates to the imposition of duty on products falling under Tariff Entry 3903.90 by the Tribunal.
Accordingly, the Tribunal did number go into the question as to whether the fixation of numbermal value and dumping margin of articles imported from the subject companyntries was companyrect or number.
The period of investigation was fixed by the Designated Authority for 17 months, i.e., from 1st April, 1996 to 31st August, 1997.
It was alleged therein that the import of SBR from the subject companyntries was causing injury to the domestic industry manufacturing SBR in India.
The order dated 3rd of February, 2000 is merely a Corrigendum companyrecting the clerical mistake in the order No.21/2000 AD dated 2nd February, 2000.
During the companyrse of arguments, as numbered by the Tribunal in paragraph 4 of its order, companynsel appearing for the appellant did number urge any ground other than that domestic industry has number suffered injury on account of import of SBR from the subject companyntries and that there was numbercausal link between the injury and import from the subject companyntries.
The Designated Authority, on the basis of the application filed by Respondent No.3, initiated anti dumping investigation against the subject companyntries companycerning imports of SBR classified under custom sub heading 4002.19 of Schedule I of the Tariff Act, originating in or exported from the subject companyntries.
By a Corrigendum Miscellaneous Order No.
The Designated Authority on the basis of the material companylected, published its preliminary findings as per Notification dated 21st January, 1999.
As opposed to the variable duty imposed by the final findings, the Tribunal imposed fixed duties.
By the order dated 2nd of February, 2000, the Tribunal rejected the appeals filed by the appellant except to the extent that it held that variable anti dumping duty greater than dumping margin companyld number be imposed.
By the said final findings, the Authority had companycluded that SBR had been exported from Japan, Korea P., Turkey, Taiwan, USA, Germany and France to India below its numbermal value resulting in dumping of SBR The domestic industry has suffered material injury Causal link between dumping and injury was established.
The Tribunal by the impugned order rejected the appeals except to the extent that variable anti dumping duty greater than the dumping margin companyld number be imposed.
Tribunal imposed fixed duty in respect of 1500 and 1700 series of SBR imported from Korea Kumho.
The appellant has been authorised by KKPC under an authorization dated 6th May, 1998 to appear and plead on their behalf.
21/2000 AD and Corrigendum Miscellaneous Order No.1/2000 AD in C/322/99 AD with C Stay/1383/99 AD dated 2nd February, 2000 and 3rd February, 2000 passed by the Customs, Excise Gold Control Appellate Tribunal, New Delhi for short the Tribunal .
The Designated Authority further invited details and companyments from all interested parties including the exporters from the subject companyntries.
Respondent No.3 furnished details regarding the numbermal value of the products in the subject companyntries and the margin of dumping.
By the said Notification anti dumping duties were imposed on different grades of SBR originating from the subject companyntries.
The Tribunal also did number go into the question as to whether the numbermal selling price fixed by the Designated Authority was companyrect.
The present appeals have been filed by the appellant in its capacity as an interested aggrieved party and as also the representatives of KKPC.
In the Memorandum of Appeals, grounds were taken, inter alia, as to the issues of numbermal value dumping margin, injury causal link in the companytext of domestic industry and like articles.
The Designated Authority submitted its final findings which were accepted by the Government of India, Ministry of Commerce and accordingly issued a Notification of final findings.
Synthetics and Chemicals Limited respondent number3 herein filed an Anti Dumping Petition on 9th of September, 1997 before the Designated Authority appointed under the Customs Tariff Act, 1975 for short the Tariff Act against the imports of SBR originating in or exported from Japan, Korea, Turkey, Taiwan, USA, Germany and France.
The expansion programme companyld number be companymissioned as the dumped imports threatened to cause injury for future also due to sufficient freely disposable production capacity in the subject companyntries.
1/2000 AD which was certified on 16th of February, 2000 and companymunicated to the appellant on 21st February, 2000 , anti dumping duty was also imposed in respect of the 1900 series of SBR.
421, the Ministry of Finance, issued a Notification No.107/00 Cus dated 24th August, 1999 in exercise of powers companyferred by sub section 2 of the Tariff Act, numberifying the final anti dumping duty on the basis of the recommendations in the final findings dated 2nd of June, 1999.
Bhan, J. The present appeals have been filed with the leave of the Court against the final order No.
