Anti-dumping negative final findings are appealable, and an effective statutory remedy bars writ jurisdiction.

A negative final finding in an anti-dumping investigation is an appealable determination under Section 9C of the Customs Tariff Act, 1975, because the statutory scheme treats the Designated Authority's final finding as binding and conclusive when no further notification follows. The availability of this efficacious appellate remedy ordinarily bars writ jurisdiction, and alleged procedural violations do not justify bypassing the appeal where the impugned order is not wholly without jurisdiction. The writ petition was therefore not maintainable, and the petitioner was relegated to the statutory appeal.

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Issues: Whether the writ petition was maintainable in view of the statutory appellate remedy under Section 9C of the Customs Tariff Act, 1975 against a negative final finding and termination order passed in an anti-dumping investigation.

Analysis: Section 9C confers an appeal against an order of determination or review concerning the existence, degree and effect of dumping, and the expression is broad enough to cover a determinative and final negative finding by the Designated Authority. The statutory scheme under Sections 9A and 9C of the Customs Tariff Act, 1975 and Rules 14, 17, 18 and 23 of the Customs Tariff (Anti-Dumping) Rules, 1995 shows that the Designated Authority acts for and on behalf of the Central Government in the first-stage quasi-judicial determination. Where the final finding is negative, no further notification under Rule 18 is required and the finding becomes binding and conclusive. The appellate remedy is therefore available, and the existence of allegations of procedural violations does not justify bypassing the statutory appeal when the challenge is not to a wholly without jurisdiction order.

Conclusion: The writ petition was not maintainable and the petitioner was relegated to the appellate remedy under Section 9C of the Customs Tariff Act, 1975.

Ratio Decidendi: A negative final finding in an anti-dumping investigation is an appealable order of determination under Section 9C of the Customs Tariff Act, 1975, and the existence of an efficacious statutory appeal ordinarily bars writ jurisdiction.

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