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2015 (2) TMI 912 - AT - CustomsLevy of anti dumping duty - imports of caustic soda - extension of duties on the exports made by the appellant from Indonesia - sunsut review - Whether the Designated Authority was correct in rejecting the exports made by the appellant during the period of investigation as being temporary and unreliable and proceeding to give its findings on the likelihood of dumping and injury on the basis of other exports from Indonesia - Held that:- The fact that there were NO (i.e. Zero) exports prior to Jan. 2007 and after Dec. 2007 is certainly an occurrence which, besides being out-of-the-ordinary, has significant bearing for the decision whether these exports can be regarded as temporary and unreliable particularly when no good reasons are forthcoming from the appellant in this regard. Having found the exports of the appellant to be unreliable and temporary the Authority proceeded to determine the likelihood of dumping and injury based on the determination relating to other exports from Indonesia. The Authority found a positive dumping margin, in respect of other exports from Indonesia, as reflected in Paragraph 25 of the Final Findings. It is settled position that anti-dumping duties are required to be country specific and there is no legal requirement to determine the appellant-specific dumping margin in sun-set review. On the aspect of injury, although duties were in force, the domestic industry continued to be injured by the exports from Indonesia, as reflected in the Final Findings. Thus the Authority rightly determined that there is a likelihood of dumping and injury, warranting continuation of duties from Indonesia. - As regards the grievance regarding inadequate disclosure, we find that the appellant has not clearly brought out the specific details, which were not provided to it. The Authority has disputed this. Even otherwise, the Authority has accepted all the information furnished by the appellant, and in respect of their exports determined a negative dumping margin based on the information furnished. Thus, they can not justifiably claim to have been prejudiced. - No infirmity in the findings of the Designated Authority - Decided against assessee.
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