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2016 (10) TMI 469

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..... 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 s .....

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..... extended upto 12.09.2015 by the Central Government. Though, the impugned findings and subsequent Customs Notification dealt with two types of 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 goods from China. It was submitted that the surplus capacity of the appellant is only about 15% and this b .....

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..... 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 after sunset review by the DA. Their main grievance is that the likelihood analysis has been made without any rational basis. We note that admittedly apart from domestic market in China for the appellant, India is the only market for significant trade of subject good .....

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