K.K.USHA, S.S.KANG, C.N.B.NAIR
Indian Spinners Association – Appellant
Versus
Designated Authority, Ministry of Finance – Respondent
Per C.N.B. Nair : These appeals are directed against the imposition of definitive Anti-Dumping duty on the imports of Polyester Staple Fibre (PSF) from Korea R.P., Malaysia, Taiwan and Thailand under Notification No. 43/2003-Cus. dated 21st March 2003. The said imposition of duty was pursuant to Final Finding (Notification No. 22/1/2001 DGAD dated 24th December 2002) of the Designated Authority in the Ministry of Commerce as under:-
"(a) the subject goods, originating in or exported from, the subject countries have been exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury and threat thereof;
(c) injury has been caused by imports from the subject countries;"
(emphasis supplied).
2. Three out of Four appeals have been filed by the domestic consumers of PSF (imported as well as domestically produced) for spinning yarn and the fourth appeal is by the domestic industry producing PSF. Both groups constitute important segments of Indian industry. The innumerable yarn manufacturers are a large traditional provider of goods and employment and PSF manufacturers, though few, constitute a big part of highly capital intensive petroche
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