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Issues: (i) Whether the withdrawal of anti-dumping duty on acrylic fibre imported from Bulgaria, made on the basis of a cumulative assessment, was valid when the conditions for cumulation were not satisfied and the record showed significant price undercutting and a real likelihood of recurrence of injury. (ii) Whether the withdrawal of anti-dumping duty on acrylic fibre imported from Italy was liable to be interfered with in the mid-term review.
Issue (i): Whether the withdrawal of anti-dumping duty on acrylic fibre imported from Bulgaria, made on the basis of a cumulative assessment, was valid when the conditions for cumulation were not satisfied and the record showed significant price undercutting and a real likelihood of recurrence of injury.
Analysis: For a mid-term review under the anti-dumping framework, revocation of duty must be justified by material facts showing that dumping and injury will not recur. The decision-maker is required to examine the impact of dumped imports on domestic prices, including price undercutting and the broader injury indicators, and cumulation is permissible only when the statutory conditions for cumulative assessment are met. Here, the imports from the United Kingdom did not satisfy the minimum dumping-margin requirement, so they could not be brought into a cumulative injury assessment. Once the cumulative approach was excluded, the imports from Bulgaria had to be examined on their own. The record showed positive dumping from Bulgaria and significant price undercutting, together with a trend of substantial dumped imports in the injury period. In those circumstances, the finding of no injury and no likelihood of recurrence was not sustainable.
Conclusion: The withdrawal of anti-dumping duty on imports from Bulgaria was not justified and was set aside; the duty was directed to continue for the full statutory period. This issue was decided in favour of the appellant.
Issue (ii): Whether the withdrawal of anti-dumping duty on acrylic fibre imported from Italy was liable to be interfered with in the mid-term review.
Analysis: The mid-term review record for Italy showed a significant dumping margin, but the landed value of the imports was higher than both the domestic sale price and the non-injurious price. The domestic industry's relevant indicators also showed improvement, supporting the finding that there was no present material injury and no real threat of recurrence if the duty were removed. On that data, the conclusion reached in the review that the duty could be withdrawn did not call for interference.
Conclusion: The withdrawal of anti-dumping duty on imports from Italy was upheld and the challenge failed. This issue was decided against the appellant.
Final Conclusion: The decision was upheld only in relation to Italy, while the revocation of duty in relation to Bulgaria was set aside because the statutory conditions for cumulative assessment were not met and the evidence showed continuing injurious dumping from Bulgaria.
Ratio Decidendi: In a mid-term anti-dumping review, cumulation of imports from multiple countries is permissible only when the statutory preconditions are satisfied, and revocation cannot be sustained where the record shows continued dumping, significant price undercutting, and a real likelihood of recurrence of injury from the separately examined imports.
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