Anti-dumping duty appeal jurisdiction falls under ordinary customs appellate route unless the dumping determination itself is challenged.

Section 9C of the Customs Tariff Act creates a special appellate route only for orders determining or reviewing the existence, degree, or effect of dumping or subsidy, and those appeals must be heard by a Special Bench. Where the appeal is not directed against such a determination, it does not fall within Section 9C. The appeal here related to anti-dumping duty but was not against an order determining dumping itself, so it was maintainable under the ordinary appellate jurisdiction in Section 129A(1) of the Customs Act and was to be placed before the Division Bench.

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Issues: Whether an appeal relating to anti-dumping duty had to be heard by a Special Bench under Section 9C of the Customs Tariff Act, 1975, or whether it was maintainable under Section 129A(1) of the Customs Act, 1962 before the Division Bench.

Analysis: Section 9C provides a special appellate route only for appeals against orders determining or reviewing the existence, degree, and effect of subsidy or dumping in relation to import of an article, and such appeals are to be heard by a Special Bench constituted under sub-section (5). The impugned appeal was not against any order of determination regarding the existence, degree, or effect of dumping. It was therefore not covered by Section 9C and fell within the ordinary appellate jurisdiction under Section 129A(1).

Conclusion: The appeal was correctly treated as one under Section 129A(1) and was directed to be placed before the Division Bench at Kolkata, not the Special Bench.

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