2003 (11) TMI 80

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....llate Tribunal (CEGAT) dated 13th December, 2000. 2.Briefly stated the facts are as follows :- M/s. Sterlite Industries (India) Limited made a complaint to the Designated Authority that optical fibre were being dumped in India. On the basis of that complaint inquiry was conducted. The Designated Authority proposed levy of anti-dumping duty. Pursuant to that, Notification dated 28th June, 200....

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....nfidentiality of that material. Even if the material is confidential the Designated Authority has to ask the parties providing information, on confidential basis, to furnish a non-confidential summary thereof. If such a statement is not being furnished then that party should submit to the Designated Authority a statement of reasons why summarization is not possible. In any event, under Rule 7(3) t....

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.... confidentiality is required, it will always be open for the appellate authority, namely, CEGAT to look into the relevant files. 4.In this case, we find that CEGAT has held in favour of M/s. Sterlite Industries (India) Limited on the aspect of margin of dumping, injury suffered by domestic industry and causal connection between dumping and material injury. CEGAT has, however, quashed the Notifi....

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.... Authority or the Notification. In such cases it is the duty of CEGAT to re-work the figures and decide what, if any, should be the anti-dumping duty. 5.For these reasons, we set aside the impugned order and remit these appeals back to CEGAT for decision on merits. We clarify that CEGAT will be at liberty to decide whether any material, which has been placed before the Designated Authority, is ....