The Designated Authority has issued final findings recommending continuation of anti-dumping duty on imports of Nonyl Phenol from Chinese Taipei, pursuant to the Hon’ble Customs, Excise and Service Tax Appellate Tribunal’s (CESTAT) remand order requiring the Authority to analyze and re-examine the data on record and recommend necessary anti-dumping duties.
Previously, in the final findings issued vide Notification No. 7/20/2018-DGAD, dated 11th January, 2019, the Authority had concluded that the financial and economic parameters of the domestic industry were stable and the petitioner had performed well during the injury period and the period of investigation. Further, the Petitioner also failed to established likelihood of continuation of dumping and injury in the event of cessation of duties, and as such, continuation of anti-dumping duties was not warranted.
The findings of the Authority were challenged by the domestic industry before the CESTAT which allowed the appeal and set aside the findings vide Final Order no. 51566/2019, dated 28th November, 2019. The CESTAT observed that the domestic industry had established parameters required to demonstrate likelihood continuation of dumping and injury such as continued dumping, diminished return on capital employed, landed price remained below cost of production, significant idle capacities with foreign producers, export restrictions in third countries, third country exports at dumping prices and non-participation of producers/ exporters from subject countries. As a result, the CESTAT remanded the matter back to the Authority for recommending appropriate duty on the imports of the subject goods.
The Authority approached the CESTAT seeking clarification on the issue as to whether anti-dumping duty can be imposed once the original duty notification expired, following the order of the Hon’ble Delhi High Court in Forech India Ltd. v. Designated Authority which held that duty may be extended only during the period of existing duties without breaking its continuity. The CESTAT vide Miscellaneous Order No. 50114/2020, dated 21st February, 2020 clarified that such decision of the Hon’ble High Court was not applicable in the present case as such decision related to original determination by the Authority and not to determination pursuant a remand order by the CESTAT. Following the CESTAT’s decisions, the Authority determined that based on the evidence and data presented by the domestic industry, there existed likelihood of continuation of dumping and injury in the event of cessation of present duties and recommended continuation of anti-dumping duties on imports of product under consideration.