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M/s Hubei Tri-Ring Forging Co. Ltd. Versus Designated Authority, Directorate General of Anti-Dumping and Allied Duties/Ministry of Finance

2016 (10) TMI 469 - CESTAT NEW DELHI

Imposition 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, th .....

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nued 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 wit .....

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goods) originating in or exported from China PR. The Designated Authority (the DA), Directorate General of Anti-Dumping & Allied Duties, Ministry of Commerce and Industry conducted investigation into the import of subject goods which resulted in imposition of provisional AD duty vide Customs Notification dated 15.06.2009. Definitive AD duty was imposed vide Customs Notification dated 12.04.2010. Subsequent to Tribunal's order dated 11.08.2011 a post decisional hearing was given by the DA .....

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with reference to Steering Knuckles. 2. Ld. Counsel for the appellant (a producer and exporter of subject goods from China to India) submitted that in the sunset review the DA has not made proper analysis before concluding the likelihood of recurrence of injury to the DI in case the AD duty on the subject goods is terminated. The appellant challenged the reasoning given by the DA for recommending AD duty on the subject goods from China. It was submitted that the surplus capacity of the appellant .....

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indicate that the dumping from that subject countries would recur or continue to cause injury to DA. It was also argued that the landed value of the subject goods had increased during the period of dumping. To sum up, it is the submission of the appellant that there is no rational basis for the DA to conclude the likelihood of recurrence of injury due to dumped import of subject goods by the appellant. 3. Ld. Counsel for the DI submitted that the finding has recorded the continued dumping of th .....

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scule. Post POI data has also been analysed to examine the trend and likely scenario in the event of revocation of duty. It was recorded that the imports continue to enter the Indian market and the prices have not varied much. 4. Ld. Counsel for DA and AR for Revenue reiterated the findings of the DA and supported the same. 5. We have heard all the sides and examined the appeal records including the written submissions. 6. The appellant is contesting the continued imposition of AD duty even afte .....

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