Anti-dumping determination upheld where procedure, disclosure, sampled data and verification were found legally permissible.

Anti-dumping findings will not be disturbed where the Designated Authority follows the prescribed procedure, gives interested parties disclosure and comment opportunities, and records verification of the material relied on. Use of sampled exporters and available data, including DGCI information, was treated as permissible in view of the large number of exporters and the methodology under the anti-dumping rules. No specific prejudice from confidentiality or material error in normal value or export price was established, so the challenge failed and the anti-dumping duty was upheld.

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Issues: Whether the Final Findings and the consequential anti-dumping duty were vitiated on account of alleged procedural irregularities, excessive confidentiality, reliance on sampled data and DGCI information, and improper determination of normal value and export price.

Analysis: The appeals challenged the final anti-dumping determination on broad allegations of procedural unfairness and incorrect computation. The record showed that the Designated Authority had considered the submissions of interested parties, conducted on-site verifications, circulated verification reports and disclosure statements, and examined comments before finalising the findings. The use of sampled exporters and reliance on available data, including DGCI information, was held permissible in view of the large number of exporters and the methodology contemplated under the anti-dumping rules and the injury assessment framework. No specific instance of prejudice from confidentiality was established, and the alleged data errors had been addressed in the final findings.

Conclusion: The challenge to the anti-dumping findings failed, as no material procedural infirmity or substantive error warranting interference was shown.

Final Conclusion: The anti-dumping determination and the consequential duty were upheld, and the appeals were rejected.

Ratio Decidendi: A final anti-dumping finding will not be interfered with where the authority has followed the prescribed procedure, afforded disclosure and comment opportunities, and based its determination on a permissible sampled analysis supported by recorded verification and examination of relevant data.

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