2011 (1) TMI 1505

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.... [Order per : Adarsh Kumar Goel, J.]. - This petition seeks quashing of preliminary findings recorded by the designated authority under the provisions of the Customs Tariff Act, 1975 (for short, "the Act") read with Customs (Identification, Assessment and Collections of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (for short, "the Rules") recommending impositio....

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....eliminary findings were recorded by the designated authority vide notification dated 22-6-2010, Annexure P-2, followed by corrigendum dated 7-7-2010, Annexure P-3. Thereafter, impugned notification dated 30-7-2010, Annexure P-4 was issued by the Central Government under Section 9A(2) of the Act read with Rule 13 of the Rules. The said notification was followed by corrigendum dated 19-10-2010, Anne....

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....of India - 2010 (256) E.L.T. 487.  (ii)  Basis of anti-dumping duty could be only margin of dumping, as determined under Rule 11 of the Rules on the basis of price in domestic market and the price at which the goods were exported which having not been properly determined, the levy was illegal. 5. Admittedly, remedy of appeal is available to the petitioner under Section 96 of t....

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....ings are based on evidence collected after following due procedure. It was noted that the responses from Chinese exporters were deficient, which required further investigation. The designated authority made a comparison between the export price at normal value and also noticed that imports from China were increasing, resulting in retarding of domestic industry. In view of the said findings, the im....