CAPITULO CUARTO:
2. El diseño económico de la agencia de competencia y los organismos reguladores
2.2. La Escuela NeoInstitucional y los Límites de la Regulación
of duty as appropriate, considering the facts of the present case and rules in this regard, have been recommended in the relevant paras of this finding.
CONCLUSIONS:
153. After examining the issues raised and submissions made by the interested parties and facts made available before the Authority, as recorded in this finding, the Authority concludes that:
a. The product under consideration has been exported to India from subject countries below its normal value, thus resulting in dumping of the product.
b. The domestic industry has suffered material injury due to dumping of the product under consideration.
c. The material injury has been caused by the dumped imports of the subject goods originating in or exported from the subject countries.
T. INDIAN INDUSTRY’S INTEREST & OTHER ISSUES
154. The Authority notes that the purpose of anti-dumping duties, in general, is to eliminate injury caused to the domestic industry by the unfair trade practices of dumping so as to re-establish a situation of open and fair competition in the Indian market, which is in the general interest of the Country. Imposition of anti-dumping measures would not restrict imports from the subject countries in any way, and, therefore, would not affect the availability of the products to the consumers. Imposition of anti-dumping duties would not deprive the Indian buyers of subject goods who would need access to subject goods manufactured in India and also global market to take the maximum benefits of continued technological and cost effective innovations. Ensuring a competitive market for producers of subject goods in India will help India to develop a strong and effective domestic manufacturing base for subject goods in India so that Indian consumers can benefit both from the domestic as well as global market of the subject goods.
155. It is recognized that the imposition of anti-dumping duties may affect the price of the subject goods from the subject countries. However, fair competition in the Indian market will not be reduced by the anti-dumping measures, particularly if the levy of the anti-dumping duty is restricted to an amount necessary to redress the injury to the domestic industry. On the contrary, imposition of anti-dumping measures would remove the unfair advantages gained by dumping practices, would prevent the decline of the domestic
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industry and help maintain availability of wider choice to the consumers of the subject goods.
U. RECOMMENDATIONS
156. The Authority notes that the investigation was initiated and notified to all interested parties and adequate opportunity was given to the exporters, importers and other interested parties to provide positive information on the aspect of dumping, injury and causal links. Having initiated and conducted investigation into dumping, injury and causal links in terms of the Anti- dumping Rules laid down and having established positive dumping margin as well as material injury to the domestic industry caused by such dumped imports, the Authority is of the view that imposition of definitive anti-dumping duty is required to offset dumping and injury. Therefore, the Authority considers it necessary to recommend imposition of definitive anti-dumping duties on the imports of the subject goods from the subject countries in the form and manner described hereunder.
157. Having regard to the lesser duty rule followed by the Authority, the Authority recommends imposition of anti-dumping duty equal to the lesser of margin of dumping and the margin of injury, so as to remove the injury to the domestic industry. Accordingly, the definitive anti-dumping duty equal to the amount mentioned in Col 8 of the duty table below is recommended to be imposed from the date of notification to be issued in this regard by the Central Government, on all imports of the subject goods, originating in or exported from the subject countries.
124 Duty Table Sl. No Tariff * Item Description of Goods Country of Origin Country of Export
Producer Exporter Amount Unit of Measure- ment Currency (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 1. 85235100 USB Flash Drives China PR China PR
Any Any 3.12 Per/Piece USD
2. do do China PR Any country other than China PR
Any Any 3.12 Per/Piece USD
3. do do Any country other than China PR China PR
Any Any 3.12 Per/Piece USD
4 do do Chinese
Taipei
Chinese Taipei
Any Any 3.06 Per/Piece USD
5 do do Chinese Taipei Any country other than Chinese Taipei
Any Any 3.06 Per/Piece USD
6 do do Any country other than Chinese Taipei Chinese Taipei
Any Any 3.06 Per/Piece USD
*
The imports of the subject goods are also reported under the following other tariff heads. However, Customs classification is indicative only and not binding on the scope of the investigation:84713090, 84717020, 84717030, 84717070, 84717060, 84717090, 84718000, 84719000, 84733030, 84733099, 85044030, 85049090, 85176290, 85177010, 85198940, 85198990, 85258090, 85232910, 85234190, 85234990, 85235100, 85235220, 85235290, 85235990, 85238090, 85389000, 85423200, 85439000.
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Note: It is clarified that only the imports of the product under consideration as elaborated in the paragraphs relating to product under consideration in the present findings and as specified in column 3 above shall attract anti-dumping duty.
158. An appeal against the order of the Central Government arising out of this Final Findings Notification shall lie before the Customs, Excise and Service Tax Appellate Tribunal in accordance with the Customs Tariff Act.
(J. K. Dadoo) Designated Authority