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2016 (10) TMI 469 - CESTAT NEW DELHI

2016 (10) TMI 469 - CESTAT NEW DELHI - 2016 (342) E.L.T. 473 (Tri. - Del.) - 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 dumpin .....

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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 consid .....

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view of Anti-Dumping duty (AD duty) on imports of Steering Knuckles (subject 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 Tribun .....

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f goods - Front Axle Beams and Steering Knuckles, the present appeal is only 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 .....

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e, it was recorded that mere availability of surplus capacity does not itself 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 f .....

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ort of subject goods by the appellant. The export to third countries are miniscule. 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. .....

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