Exporter-specific anti-dumping assessment and de minimis import exclusions are essential to sustain dumping and injury findings.

Anti-dumping duty must rest on an exporter-specific and manufacturer-specific assessment of normal value and dumping margin, using the comparable price of the like article or other permitted rule-based methods; reliance on other exporters' data or unsupported material was not acceptable. Injury analysis must consider dumped import volume, price effects and domestic impact, and cumulative assessment across countries requires the statutory conditions to be met first. Imports found de minimis should not be aggregated, and injury caused by other market factors cannot be attributed to dumped imports. On the facts noted, the dumping, injury and causal link findings were not sustainable.

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Issues: (i) Whether the normal value and dumping margin were correctly determined on an exporter-specific basis. (ii) Whether the finding of injury to the domestic industry and the causal link were sustainable, including the cumulative assessment of imports from the concerned countries.

Issue (i): Whether the normal value and dumping margin were correctly determined on an exporter-specific basis.

Analysis: Anti-dumping duty is exporter-specific and manufacturer-specific. The normal value must ordinarily be based on the comparable price of the like article of the same exporter or manufacturer in the ordinary course of trade, or failing that, on the alternative methods permitted by the anti-dumping rules. The determination could not properly be made on the basis of information from other exporters or on material not shown to be the best available information for the appellant exporter.

Conclusion: The determination of the dumping margin against the appellant exporter was not sustainable.

Issue (ii): Whether the finding of injury to the domestic industry and the causal link were sustainable, including the cumulative assessment of imports from the concerned countries.

Analysis: Injury determination under the anti-dumping rules requires consideration of all relevant factors, including the volume of dumped imports, their price effects, and the consequent impact on domestic producers. Where imports from multiple countries are cumulatively assessed, the authority must first satisfy the conditions for such aggregation. Imports found to be de minimis ought not to be included in the injury computation, and injury attributable to other market factors cannot be attributed to dumped imports. The causal connection between the dumped imports and the alleged injury was not established on the facts found.

Conclusion: The finding of injury and causal link was unsustainable.

Final Conclusion: The anti-dumping findings could not be sustained in law, and the appellants succeeded.

Ratio Decidendi: Anti-dumping duty can be imposed only where dumping, material injury, and a causal link are established on a proper exporter-specific assessment in accordance with the statutory rules, and imports excluded as de minimis cannot be aggregated to sustain injury.

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