Case Law Details
Association of Man-Made Fibre Industry of India Vs Designated Authority (CESTAT Delhi)
Facts- The appellants prayed that the final findings dated 30.07.2021 of the designated authority rendered in the Second Sunset Review be modified and it be held that there is a likelihood of recurrence of dumping and injury in the event of expiry of duty. They further prayed “to hold that anti- dumping duty on the subject goods needs to continue for further period of five years against subject countries”. The appellant has also sought quashing of the Customs Notification No. 44/2021-Customs (ADD) dated 12.08.2021 issued by the Central Government with a direction to the Central Government to issue a notification levying anti-dumping duty for a period of five years.
Conclusion- Anti-Dumping Appeal is allowed to the extent that the designated authority shall reexamine and give a fresh finding as to whether cessation of anti-dumping duty would likely lead to continuation or recurrence of injury so as to warrant imposition of anti-dumping duty for a further period of five years. The final findings dated 30.07.2021 of the designated authority, therefore, stand modified to this extent.
FULL TEXT OF THE CESTAT DELHI ORDER
Anti-Dumping Appeal No. 51490 of 2021 has been filed by the Association of Man Made Fibre Industry of India1 with a prayer that “the final findings dated 30.07.2021 of the designated authority rendered in the Second Sunset Review be modified and it be held that there is a likelihood of recurrence of dumping and injury in the event of expiry of duty”. A further prayer has been made “to hold that anti- dumping duty on the subject goods needs to continue for further period of five years against subject countries”. The appellant has also sought quashing of “the Customs Notification No. 44/2021-Customs (ADD) dated 12.08.2021 issued by the Central Government with a direction to the Central Government to issue a notification levying anti-dumping duty for a period of five years”.
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