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2024 (2) TMI 449 - HC - CustomsLevy of Anti-Dumping Duty - impact assessment - HELD THAT:- It is noted that apart from return of finding of dumping, price undercutting and depression, there is a requirement of an impact assessment which has to be significant for the Adjudicating Authority to recommend levy of Anti-Dumping Duty on the imports. Dumping and price undercutting - HELD THAT:- A positive finding was returned by the Adjudicating Authority in its final finding dated 27.10.2022, which were not in issue before the Appellate Tribunal - Respondent No. 3, Domestic Industry had impugned the order before Appellate Tribunal primarily on the ground that the Adjudicating Authority had returned a finding that dumping did not lead to any price depression or that the same did not have any significant impact on the Domestic Industry warranting any levy of Anti-Dumping Duty. The Tribunal has remitted the matter to the Adjudicating Authority to re-consider the issue - the Adjudicating Authority shall consider the impact assessment of the injury arising out of the dumped import based on the data produced before the Adjudicating Authority in support of para (ii) of Annexure II of 1995 Rules and in terms of para 40 of the Tribunal’s order dated 29.09.2023 by treating the observations in the order of the Tribunal as prima facie - appeal disposed off.
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