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Issues: Whether the final findings of the Designated Authority and the notification imposing definitive anti-dumping duty on the subject goods were sustainable, and whether the domestic industry had established material injury with causal link from dumped imports.
Analysis: The appeals challenged the anti-dumping duty on the ground that the relevant economic parameters did not show injury and that the domestic industry had improved profitability. The record showed that the exporter had not cooperated fully, had not reported all relevant particulars, and the export price had therefore been determined on available facts. The findings recorded a sharp increase in imports, significant price undercutting, decline in the domestic industry's market share, and sales of imported goods below the domestic cost of sale. The Tribunal held that the Designated Authority had examined the mandatory injury parameters and that the causal link between dumped imports and material injury was established. The reliance on an earlier decision was found inapplicable on the facts.
Conclusion: The notification and the final findings were upheld; the challenge to the levy of anti-dumping duty failed.
Final Conclusion: The appeals were dismissed and the definitive anti-dumping duty on the subject goods was sustained.
Ratio Decidendi: Where the Designated Authority records a reasoned finding of material injury supported by increased imports, price undercutting, market-share decline, and causal connection, the anti-dumping duty will be sustained unless the findings are shown to be legally or ually perverse.