2000 (6) TMI 54

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....er : Justice K. Sreedharan, President]. - Appellants seek to challenge the final findings of the learned Designated Authority, constituted under the provisions of Anti-Dumping and Countervailing Provisions in Customs Tariff Act, 1975, suggesting imposition of anti-dumping duties on Polyester Staple Fibre imported from Korean and Thailand. The finding arrived at by the Designated Authority was noti....

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....etitions. It is perfectly clear now that we have seen the provisions of the Act that the order of the Designated Authority is purely recommendatory. The appeal that lies is against the determination and that determination has to be made by the Central Government. For this reason, we decline to exercise jurisdiction under Article 136 of the Constitution of India and dismiss the special leave petiti....

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....ounsel representing the appellants submitted that in view of the provisions contained in Rule 18 of the Anti-dumping Duty Rules framed under the Customs Tariff Act, Central Government has no power to issue a notification fixing anti-dumping duty after the expiry of three months from the date of notification issued by the Designated Authority. Identical issue was considered by this Tribunal in M/s ....