Nirma Limited vs Saint Gobain Glass India Limited on 27 April, 2012
5. The first issue raised by the appellant is that the domestic industry is also one of the major importer of subject goods and hence the investigation on anti dumping should not have continued. We note that this issue was considered by the DA and after noting these facts excluded M/s Aarti Drugs from the purview of domestic industry. He concluded that M/s Unichem Laboratories Constitutes, the domestic industry, being the only remaining producer of the subject goods and satisfy the requirement of Rule 2(b) of the AD Rules. The Honble Madras High Court in Nirma Limited vs. Saint Gobain Glass India Ltd. 2012 (281) ELT 321 (Mad.) held that even if the only producer of subject goods in the country produced only 4%, by a combined reading of Rule 2(b) and Rule 5(3) proviso the said producer is considered as a domestic industry and is entitled to maintain the application for investigation. As such we find no merit in the appellants contention on this point.