Case Law Details
Reliance Industries Limited Vs Designated Authority (CESTAT Delhi)
CESTAT Delhi remanded the matter to designated authority in the matter of imposition of anti-dumping duty on imports of MEG ‘Mono Ethylene Glycol’ as selective examination with respect to only one period was made as base for determination of injury.
Facts- M/s. Reliance Industries Limited, a domestic producer of ‘Mono Ethylene Glycol’ in India, had filed this appeal to assail the Notification notifying that since the domestic industry had not suffered material injury in terms of the provisions contained in the Customs Tariff (Identification, Assessment, and Collection of Anti- Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 it would not be appropriate to recommend a levy of anti-dumping duty on the import of MEG. Accordingly, the designated authority terminated the investigation which was initiated by a Notification dated 28.06.2021.
Notably, the present appeal has been filed against the final findings dated 27.10.2022 of the designated authority deciding not to recommend the imposition of anti-dumping duty on imports of MEG originating in or exported from the subject countries.
Conclusion- Held that the designated authority, in the present case, has exclusively relied upon the marginal improvement in the period of investigation as compared to 2019-20 and had ignored the trends over the years before that. Such selective examination, particularly in the present facts where the domestic industry itself has claimed injury since 2019-20, may defeat the entire purpose of injury assessment.
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