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2011 (12) TMI 355 - HC - CustomsAnti-dumping duty - The petitioner had filed an application before the Designated Authority ('DA' for short) alleging dumping of Penicillin-G Potassium originating in or exported from China PR and Mexico as also of 6-Amino Penicillin Acid (6- APA for short) originating in or exported from China PR - It is the case of the petitioner that as per Rule 18 of the Rules, Central Government was required to impose Anti-dumping duty in terms of recommendations of DA within three months of the date of publication of final findings - even if Central Government were to accept the recommendations of DA for imposition of Anti-dumping duty, the extent of such Anti-dumping duty need not necessarily be as recommended by DA - several Courts have opined that the recommendations of the DA are not binding on the Government Whether the Central Government had sufficient reasons not to impose duty despite recommendations made by the DA - DA had come to certain conclusions which were not disputed by the Central Government. Insofar as factual findings are concerned, such findings were perhaps not even open to challenge by the Central Government - Held that: the Central Government has taken into consideration various factors and come to the conclusion that it is not in public interest to impose Anti-dumping duty - Decided against the petitioner
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