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2016 (10) TMI 662 - CESTAT NEW DELHIImposition of ADD - cold rolled flat products of stainless steel - import from China PR, Korea, EU, South Africa, Taiwan, Thailand and USA - sunset review - N/N.61/2015-Customs (ADD) dated 1 1.12.2015 of Ministry of Finance - Held that: - the subject goods continued to enter in the Indian market from the subject countries at substantially dumped price. Examination of the injury indicates that domestic industry continues to suffer injury on account of import at very low price from subject countries against which anti-dumping duties are in force. In terms of AD Rules, the DA is required to determine whether revocation of the AD duty would lead to continuation or recurrence of dumping and injury. One relevant factor noticed is that the subject goods of higher width above 1250 mm. has increased during the injury investigation period. The claim of the DI that higher width products are imported and are easily converted into lesser width product by simply slitting, has also been considered by the DI before the final finding. He concluded that the dumping and injury are continuing and are likely to continue or recur, if the duties are revoked. Accordingly, he recommended for continuation of AD duties on subject goods imported form sub-countries. The capacity of DI has increased by about 137% and the production increased by 84% in the POI compared to the base year. It was recorded that the capacity addition of the DI appears to be in consonance with the increase in demand of the subject goods. The DA noted that the cost of production has been duly normated to account for additional cost, if any, due to ramp up operation and under utilization of capacity while fixing NIP. It was concluded by the DA that the non-attribution analysis does not show any other factor that could have significantly contributed to the injury suffered by the DI - no interference required with the duty imposed. Improper fixation of export price in respect of the POSCO, Korea/Thailand, we find that the DA has taken into account the relationship between the group companies of POSCO before arriving at the decision - neither the determination nor the interests of the domestic industry have been affected due to non-participation of the so called related parties of the cooperating exporters in other countries. the objections of the domestic industry in this regard have not been accepted. ADD rightly imposed - appeal rejected - decided against appellant.
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