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2016 (10) TMI 469 - AT - CustomsImposition of ADD - Steering Knuckles - import from China PR - Customs Notification dated 12.04.2010 - sunset review - whether the continued imposition of ADD even after sunset review by the DA justified? - Held that: - apart from domestic market in China for the appellant, India is the only market for significant trade of subject goods. They do have spare capacity of about 15% for production. There is a positive dumping margin recorded. Though, the price injury has been recorded as negative, this alone cannot form basis for revocation of AD duty. In sunset review it is not only the existence of injury during the current period of investigation is considered, the likelihood of recurrence of such injury in case of withdrawal of AD duty is also to be examined. Admittedly, examination being in the realm of future projection has to be made on the basis of various parameters including trends in import, clear possibility of changed situation in the trade of subject goods etc. The continued import even with imposition of AD duty on the subject goods is one of the indicators to be analysed. The DA observed that with the revocation of AD duties the Indian prices are likely to be attractive to the exporter in China and there is a strong likelihood or increase in substantial import as happened in the post POI period. Excess capacity available with the appellant is one of the relevant factors considered. The performance of DI deteriorated due to decline in demand coupled with price pressure of dumped imports. ADD rightly imposed - appeal rejected - decided against appellant.
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