Lesser duty rule and injury margin upheld for combined countervailing and anti-dumping duties on subject goods.

Countervailing duty may be imposed alongside anti-dumping duty where the anti-dumping exercise addresses normal value and domestic subsidy, while export subsidisation is not captured in that assessment. The combined duties were accepted as not exceeding the injury margin, and the lesser duty rule was treated as satisfied. On that basis, the challenge to the customs notification and final findings was rejected and the appeal was dismissed.

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Issues: Whether the imposition of countervailing duty along with anti-dumping duty on the subject goods was legally sustainable in view of the lesser duty rule and the injury margin.

Analysis: The order records agreement with the reasoning that anti-dumping duty in a non-market economy case addresses only the normal value and domestic subsidy, while export subsidization is not captured in that exercise. It further accepts that the combined countervailing duty and anti-dumping duty did not exceed the injury margin and that the lesser duty rule was followed.

Conclusion: The challenge to the customs notification and the final findings was rejected, and the appeal was dismissed.

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