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Indian Customs, Excise and Service Tax Appellate Tribunal (CESTAT) rejects global pharma giant Merck'' plea against slapping of anti-dumping duty
Media Release
Jun. 19, 2006

In a major setback to global pharma giant Merck, the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has rejected its plea against slapping of anti-dumping duty on import of ''mica pearl pigment''.

"The contentions raised on behalf of the appellant (Merck) against the notification are misconceived and can not be accepted," said Justice R K Abichandani, President of the CESTAT while rejecting appeal of Merck on the findings of the investigations. "We find ourself in full agreement with the reasoning and findings of the designated authority (DA) and there is no warrant for any interference with the impugned final finding and the notification," Justice Abichandani added. The Ministry of Finance, on March 21, 2005, had imposed anti-dumping duty at a rate of US$2.7 per kg on the MPP imported to India from Merck's Japanese division. MPP, also known as titanium dioxide, is widely used by the industry for automotive, cosmetic and industrial use. It is also used to produce high-quality paints. DA, under Ministry of Commerce, had initiated investigation after receiving a petition from the Sudarshan Chemicals Industries Ltd (SCIL) on behalf of domestic producers of MPP. In its report, DA supported the claims made by the domestic industry that it was hurt by the below normal value imports of MPP from USA, EU, Japan and EU. This was challenged before the CESTAT by Merck India Ltd, a 100 per cent owned company of Merck KGaA, Germany.


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