Reference price-based anti-dumping duty upheld where investigation followed the rules and no serious error was shown.

Anti-dumping duty may be structured by reference to a constant reference price rather than as a fixed quantum where the investigation is conducted in accordance with the anti-dumping rules and the lesser duty principle is applied. The challenge was confined to the method of quantification, while the findings on dumping margin, injury margin and material injury were not specifically disputed on facts or data. In the absence of positive evidence showing a serious error in the underlying analysis, the Tribunal declined to interfere with the authority's discretion in choosing the form of duty, and the reference price-based duty was upheld.

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Issues: Whether the anti-dumping duty fixed by reference to a reference price, instead of a fixed quantum, was arbitrary or contrary to the anti-dumping rules.

Analysis: The dispute was confined to the method of quantification of anti-dumping duty, while the findings on dumping margin, injury margin and material injury were not specifically assailed on facts or data. The Designated Authority had conducted the investigation in accordance with the anti-dumping rules and, applying the lesser duty principle, recommended a duty linked to a constant reference price to remove the injury to the domestic industry. In the absence of positive evidence showing any serious error in the underlying analysis, the Tribunal declined to interfere with the authority's exercise of discretion in fixing the form of duty.

Conclusion: The reference price based anti-dumping duty was upheld and the challenge to the methodology failed.

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