| Citation(s) |
|---|
| 2019 SLG 2836 2019 SLD 2836 2019 PTD 2035 |
Appeal No. 118 of 2017, decision Dated: 14-05-2019, hearingDate : 24-04-2019
MIAN FASIH-UL-MULK, CHAIRMAN AHMED OWAIS PIRZADA, MEMBER
Assad Ullah Jaral for Appellant.Waqas Aamir, Legal Advisor, NTC, Islamabad for
Respondent No. 1.Jabbar Hussain, an associate of Saifullah Khan, Learned Counsel for private
Respondent No.2.
MESSRS LAL DIN AUTOPARTS (PVT.) LTD., LAHOREVSNATIONAL TARIFF COMMISSION, ISLAMABAD AND ANOTHER
Law: Constitution of Pakistan, 1973
Section: 89,89(2)(a)(i)
Anti-Dumping Duties Act (XIV of 2015)- -Ss. 2(d), 15, 16, 24, 29 & 37-Appeal-Anti-dumping- Investigation-Free Trade Competition-Domestic industry alleged dumped imports of Cold Rolled Coil/Sheets (CRC) exported by all exporters from China and Ukraine and sought imposition of Anti- Dumping duty upon such imports-National Tariff Commission after completing examination decided to levy definitive anti-dumping duty on dumped imports in question-Appellant who was an importer was aggrieved of result of investigation by National Tariff Commission- Validity-Cold Rolled Coil/Sheets (CRC) produced by domestic industry was refined process product of 100% imported Hot Rolled Coil/Sheets (HRC)-Investigated product was Cold Rolled Coil/Sheets (CRC) which was very different from Hot Rolled Coil/Sheets (HRC) and no comparison could be made between these two products-Anti-Dumping Appellate Tribunal declined to treat Hot Rolled Coil/Sheets (HRC) at par with Cold Rolled Coil/Sheets (CRC) as mere simultaneous export and production of such two different products as referred by importer did not prove similarity between such two different products-Volume of dumped imports during POI from exporting countries was above negligible quantity and dumping margin for each country was also more than de-minimis level-Weighted average export price charged by exporters from exporting countries also showed that there had been a price competition between imports of investigated product-National Tariff Commission rightly passed/rightly assessed cumulative effects on duped imports from exporting countries on domestic industry-National Tariff Commission while determining material injury did not ignore healthy gains in production from growth figures submitted by parties contrary to provision of S. 15 of Anti-Dumping Duties Act, 2015- Analysis of injury made by National Tariff Commission was based on totality of various injury factors and not a particular injury-List of injuries caused to domestic industry was sufficient to conclude that domestic industries suffered injury due to dumping of investigated product-Imposing of anti-dumping duty was exception to general rule of free trade and was not…
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