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2000 (2) TMI 96

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.... suffered serious injury on account of imports of the said item. They approached the Director General (Safeguards) as per the provisions of Safeguard Duty Rules framed under the Customs Tariff Act, 1975. The Director General (Safeguards) has given his final findings which have been challenged by the petitioners by way of present writ petition. The conclusion recorded in para 22 of the final findin....

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....the Safeguard Duty Rules in this behalf. "Rule 4 (4) to recommend :- (i) the amount of duty which if levied would be adequate remove the injury or threat of injury to the domestic industry; (ii) the duration of levy of safeguard duty and where the period so recommended is more than a year, to recommend progressive liberalisation adequate to facilitate positive adjustment." 3.  ....

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....as to consider the effect of increased imports of the article under investigation as well as whether causal link exists between the increased imports and serious injury to the domestic industry. It is submitted that in view of these provisions the Director General before making recommendations for levy of Safeguard Duty has to consider all these aspects and it is in the background of these aspects....

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....t of power in 3 years time from *** per unit to about ***(confidential) per unit. However, PACT who were getting power from the Kerala State Electricity Board at about Rs. 2.50 per unit which is much lower as compared to the cost of power to UPL/SCIL, are not able to produce Yellow Phosphorous at competitive prices. In fact due to higher cost of production they have stopped production of Yellow Ph....