Indian Refractory Makers Association vs Designated Authority on 21 February, 2000
10. For the purpose of imposing anti-dumping duty on dumped imports, it is a requirement under Rule 11 of Anti-Dumping Rules that import of such article into India causes or threatens material injury to any established industry in India or materially retards the establishment of any industry in India. Further, Rule 4(b) of the same Rules requires that DA shall 'identify' the article liable for anti-dumping duty. If dumped import of an article does not or is not capable of causing injury to the domestic industry, imposition of anti-damping duty is not warranted as it only increases the cost to the Indian importers without affording any protection to the Indian manufacturers of like article. We had considered the requirement to satisfy injury and causal link under the Anti-Dumping Rules in our decision in the case of Birla Periclase and M/s. Indian Refractory Makers Association (supra) and held that in the absence of injury and causal link, imposition of anti-dumping duty is not permissible. The present case of DBM of less than 4% silica is such a case. Therefore, we hold that imposition of anti-dumping duty on DBM containing less than 4% silica was not justified.