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2011 (8) TMI 672 - AT - CustomsImposition of Anti-dumping duty on bus and truck radial tyres from China and Thailand - Appellant argued domestic industry did not suffer any injury, the injury analysis done by the D.A. is incorrect - - Held That:- From paragraph 128 of the D.A.’s report, it is revealed that the domestic industry is producing much more than what it is selling domestically. The capacity utilization of the domestic industry has increased to 72.71% in the POI. As such, when the production, domestic sales and the capacity utilization of the domestic industry has increased, it is difficult to say that the increase in import volumes has adversely affected the domestic industry. - Despite such growth in production, sales and capacity utilization by the domestic industry, the D.A seems to have concluded an adverse volume effect of imports merely by looking at. the rate of growth of the domestic industry. - Such a view is debatable. Therefore injury determination done by the D.A. for the domestic industry is faulty and not convincing and faulty. - The ultimate sufferer is the domestic consumer and imposition of anti-dumping duty in such a scenario cannot also be considered to be in the public interest.
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