Case Law Details
Mahle Anand Thermal Limited Vs Designated Authority (CESTAT Delhi)
CESTAT Delhi held that Clad with compatible non-clad aluminium foil didn’t had any commercial supplies in the domestic industry during the period of investigation and hence anti-dumping duty on the same is not leviable.
Facts- Mahle Anand Thermal Private Limited has filed this appeal to assail the final findings dated 07.09.2021 issued by the designated authority and the consequential customs notification dated 06.12.2021 issued by the Central Government imposing anti-dumping duty on ‘certain flat rolled products of aluminium’ from China PR.
The alternative relief that has been claimed is to grant exclusion to clad with compatible non-clad aluminium foil from the scope of the product on which anti-dumping duty has been imposed.
Conclusion- Held that an item which has not been sold by the domestic industry in commercial quantities should not be included in the scope of the product under consideration by the domestic industry.
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