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Documents citing Automotive Tyre Manufacturers ... vs Designated Authority on 6 November, 2000

Indian Graphite Manufacturers ... vs Ministry Of Finance, Designated ... on 13 April, 2006

The letter is silent on consumption pattern. On the other hand, M/s. Arihant Sinotech Corp. has stated that Chinese electrodes are inferior in quality and their consumption is 20% higher. Therefore, we find that in the absence of any evidence contrary to what was disclosed to the domestic industry in the disclosure statement, the Designated Authority has correctly given adjustment in the export price to the electrodes from China's exporters for determination of ex-factory price. The decisions relied upon by the domestic industry in the case of Automotive Tyre Manufacturers Association v. Designated Authority and DSM Idemitsu Limited v. Designated Authority (Supra) are not relevant on the issue as these decisions are in respect of determination of like articles where quality does not make a difference in determining whether products are like articles or not. These decisions are not relevant for determination of ex-factory price where adjustment has been given in value due to inferior quality.
Customs, Excise and Gold Tribunal - Delhi Cites 11 - Cited by 2 - Full Document

Reliance Industries Ltd. vs Designated Authority on 29 November, 2000

12. With regard to the fixing of landed value in the present value, we find that the authority has included two elements which were not required to be included. SAD is not one of the duties liable to be included while fixing landed value. Similarly, there is no justification for addition of 2% towards cost of handling. We have already held in our Final Order Nos. 37-40/2000-AD, dated 6-11-2000 [2000 (122) E.L.T. 412 (T)] in the case of Automotive Tyre Manufacturers Association v. The Designated Authority & Ministry of Finance that further addition towards landing charges are not to be made while fixing landed value. In the present case the addition of SAD and handling charges has inflated the landed cost and brought down injury margin, leading to erroneous findings regarding causal link also. Therefore, landed value is required to be refixed after excluding these elements. After such refixing of landed value, the same is required to be compared with non-injurious price to identify the exporters who have caused injury and to what extend (injury margin). The investigation proceedings have clearly held that dumping takes place in the exports from all the parties named in the application except Taiwan from which country, there were no exports. Anti-dumping duty is the lessor of dumping margin and injury margin. In the present case dumping margins are found to be much higher than the injury margins. Therefore, injury margin which represents the extend of injury to the Domestic Industry from the dumped exports i.e. the difference between the revised landed value and non-injurious price, are required to be fixed as duty.
Customs, Excise and Gold Tribunal - Delhi Cites 3 - Cited by 0 - Full Document

M/S. Reliance Industries Ltd. vs The Designated Authority The Ministry ... on 23 April, 2001

In Automotive Tyre Manufacturers Association Vs. Designated Authority 2000 (122) ELT 412 we held that handling charges are not to form part of the landed cost of imported materials. The revision of Non-injurious price of PTA manufactured by the domestic industry on the basis of actual cost of inputs and re-computation of Landed Cost after excluding 2% handling charges are requred to be done in the present case in view of those decisions.
Customs, Excise and Gold Tribunal - Delhi Cites 1 - Cited by 0 - Full Document
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