Case Law Details
Xinyi Energy Smart (Malaysia) SDN BHD Vs Union of India (CESTAT Delhi)
CESTAT Delhi held that interest free advances received by the foreign exporter not includible in the value of goods supplied to India when advances are for expansion of production facility and future production activity.
Facts- Anti-Dumping Appeal has been filed by M/s. Xinyi Energy Smart (Malaysia) for setting aside the imposition of anti-dumping duty so far as the exports by Xinyi Energy are concerned by customs notification dated 11.11.2020 read with the final findings dated 20.08.2020. The submission is that its exports to India by Xinyi Energy are not at dumped prices, and the determination of the dumping margin by the designated authority in the final findings is erroneous for the reason that it is based on a faulty determination of the normal value and export price.
Anti-Dumping Appeal Numbers have been filed by M/s. Asahi India Glass Ltd, M/s. Gold Plus Glass Industry Ltd., M/s. Saint Gobain India Pvt Ltd. and M/s. Sisecam Flat Glass India Pvt. Ltd., respectively, as domestic industry, with a prayer that Xinyi Energy should have been treated as a non-co-operating exporter by the designated authority and/or relegate Xinyi Energy to residuary antidumping duty for the reason that Xinyi Energy had consciously provided incorrect information to the designated authority and also suppressed material facts from the designated authority.
Conclusion- Thus, the interest free advances received by the foreign exporter from the parent company are for expansion of the production facility and future production activity, and not relatable to the production and export of subject goods to India during the period of investigation.
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