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2020 (2) TMI 1431 - AT - CustomsExtension of anti-dumping duty for a period of one year pending the sunset review - gap of about 80 days between the expiry of the anti-dumping duty on 4 May, 2014 and the issue of a fresh notification on 24 July, 2014 by the Central Government imposing anti-dumping duty for a period of five years - continuation of anti-dumping duty for a period of five years pursuant to the sunset review determination - submission of Learned Counsel for the domestic industry is that such a limitation provided for continuation of anti-dumping duty would not be applicable in a case where the Designated Authority is asked to make a fresh determination on remand by the Appellate Tribunal - HELD THAT:- The requirement that the Designated Authority and the Central Government should issue a notification for continuation of the anti-dumping duty during the existence of the anti-dumping duty would not be applicable where the Designated Authority has been asked to conduct a fresh determination pursuant to an order passed by the Tribunal. In Huawei Tech. Co. Ltd. v. Designated Authority [2011 (8) TMI 923 - CESTAT, NEW DELHI], the final findings of the Designated Authority as well as the consequential notification issued by the Central Government imposing anti-dumping duty were assailed. The Tribunal allowed the Appeal and remanded the matter to the Designated Authority for affording a post decisional hearing and for making such modifications in the final findings as may be considered necessary. The contention that a fresh determination cannot be made after the expiry of the time-limit was not accepted for the reason that for implementation of a decision of an Appellate Forum, the time-limit prescribed for original anti-dumping investigation will not be applicable. Application disposed off.
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