Antidumping sunset review: Designated Authority's findings are only recommendatory, and final determination rests with the Central Government.

In an antidumping sunset review, the Designated Authority's findings remain recommendatory and the Central Government alone must make the final determination. The Court also noted that the petitioner's import questionnaire response and other admissible representations were not given due consideration by the Designated Authority, and requested the Central Government to examine them before deciding the matter. It further directed impleadment of the Commissioner of Customs, NER Custom House, Shillong-1, so that the Customs Department could participate in the proceedings.

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Issues: Whether the representations and questionnaire responses submitted by the petitioner in the course of a sunset review investigation were required to be taken into account before final determination of anti-dumping duty.

Analysis: The Designated Authority's findings under Rule 17(1)(b) of the Customs Tariff (Identification, Assessment and Collection of Antidumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 were only recommendatory, and the final decision was to be taken by the Central Government. The order also recorded that the petitioner was treated as both an importer and a consumer, with the consequence that a user questionnaire response, rather than an import questionnaire response, was considered relevant. In that background, the Central Government was requested to examine whether the import questionnaire response and any other representations submitted by the petitioner had to be given due consideration before the final determination.

Outcome: The writ petition was disposed of with a request to the Central Government to consider the petitioner's submissions in accordance with law.

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