2011 (2) TMI 1164

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....No. 15/31/2010-DA dated 26-11-2010 initiating mid term review of anti-dumping duty on Korea RP alone with consequential direction for reimbursement of excess anti-dumping duty and prohibition against collection thereof. It will be appropriate to reproduce the prayers in the petition :- "(i)   Writ of a suitable nature declaring the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 framed under Section 9A ultra vires to the Constitution of India; (ii)    Writ of suitable nature for amending the notification No. 15/31/2010-DA dated 26-11-2010 (Annexure P- 6) issued by Respondent no. 1 initiating mid-term review of anti-d....

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....ts powers under Rule 23 and on receipt of a petition from M/s. LG Chem Ltd., Korea RP the designated authority initiated mid-term review on the anti-dumping duty imposed vide notification dated 3-3-2008. The petitioner vide legal notice dated 5-1-2011 approached the Designated Authority for issuance of corrigendum for the initiation of notice to cover all the countries in the process of review of anti-dumping duty. Finding no response, this petition has been filed. 3. Case of the petitioner is that selected review in respect of imports from one country is violative of fundamental right of the petitioner under Articles 14 and 19(1)(g) of the Constitution. The impugned Rules to the extent Designated Authority was enabled to review the....

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....o be appointed by Central Government not below the rank of Joint Secretary to investigate as to existence and effect of dumping and to make recommendations about the amount of anti-dumping. The said authority also has to review the need for continuance of anti-dumping. Procedure and principles governing investigation have been laid down. Rule 23 provides for review from time to time. There is guidelines in the form of purpose for which anti-dumping duty is provided and the Designated Authority has to act on the principles laid down for determining the injury and also to review the need for continuance of anti-dumping duty from time to time. Order of determination or review is appealable under Section 9C. The Rules have stood the test of tim....