Anti-dumping product scope excludes clad aluminium foil where domestic industry showed no actual production or commercial sales
Clad with compatible non-clad aluminium foil was held outside the product scope for anti-dumping purposes because it is a distinct cladded coil used in heat exchangers and related automotive components, and mere manufacturing capability was insufficient for inclusion. The record showed no evidence of actual production or commercial sales by the domestic industry during the relevant period, and the earlier trade-remedy record had treated the same product as excluded. The anti-dumping notification was therefore modified to exclude the disputed product from duty coverage.
Issues: Whether clad with compatible non-clad aluminium foil was liable to be included in the scope of the product under consideration and subjected to anti-dumping duty.
Analysis: The product under investigation was certain flat rolled products of aluminium, whereas clad with compatible non-clad aluminium foil is a distinct cladded coil made by metallurgically bonding multiple aluminium layers and is used as an input in heat exchangers and related automotive components. Mere capability to manufacture was held insufficient to justify inclusion in the product scope in the absence of evidence of production or commercial sales in the relevant period. The material also showed that the domestic industry had not demonstrated commercial supplies of the product during the period of investigation, and the earlier trade-remedy record had treated the same product as excluded from the relevant product scope.
Conclusion: Clad with compatible non-clad aluminium foil was required to be excluded from the scope of the product under consideration and the anti-dumping notification was modified accordingly.
Final Conclusion: The appellant succeeded to the extent of securing exclusion of the disputed product from the anti-dumping duty coverage.
Ratio Decidendi: A product should not be included in the product under consideration for anti-dumping purposes on the basis of mere manufacturing capability; actual production or commercial sales by the domestic industry during the relevant period are material to inclusion.
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