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2016 (11) TMI 33

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..... to dumping margin and injury margin established during the review. We note that the DA followed the requirements of Article 2 & 3 of the ADA and the relevant provisions of AD Rules. We also note that regarding appellants, the DA has examined and reviewed all the aspects of original investigation and in addition examined whether expiry of initial Notification is likely to lead a recurrence of dumping/ injury to the DI. As already noted that this is like a fresh investigation in so far as appellant is concerned and we find no legal infirmity in such action by the DA - no merit in present appeal - appeal rejected - decided against appellant. - Anti Dumping Appeal No. 50084 of 2016 with Anti Dumping Stay No. 50074 of 2016 - Order Nos. AD/A/53 .....

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..... against the appellant in the initial stage was not challenged by them. 4. The Ld. Counsel for the DA supported the findings of the DA. He also submitted that the DA considered the Appellate Panel Report on Treatment of Exporters with de minimis volume. Consistent with the practice followed by the Indian Authorities, nil rate was fixed in the initial stage by the DA and after sunset review AD duty was imposed based on the analysis of material injury to the DA 5. Ld. AR supported the findings of the DA and the Customs Notification imposing AD duty. 6. We have heard all the interested parties as above and perused the appeal papers including written submissions. 7. The appellant is challenging the imposition of AD duty on the goo .....

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..... DA has examined and reviewed all the aspects of original investigation and in addition examined whether expiry of initial Notification is likely to lead a recurrence of dumping/ injury to the DI. As already noted that this is like a fresh investigation in so far as appellant is concerned and we find no legal infirmity in such action by the DAV We also note that the non-termination of investigation with reference to appellant during first stage has not been challenged by the appellant, they were awarded zero rate of duty on conclusion of such investigation. In the sunset review considering all the aspects, the DA recommended imposition of AD duty on the imports from the appellant. We also take note the AD duty for other exporters from Malay .....

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