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2009 (10) TMI 614 - HC - CustomsProvisional Anti-dumping duty - Notification No. 14/18/2008-DGAD dated 17-11-2008 - since the petitioners have approached this Court at the interim stage and final determination of anti-dumping duty is yet to be made, we do not propose to deal with all these issues nor do we think it just and proper to express our opinion on these issues. We are, however, primarily concerned to decide as to whether the present petition is maintainable at this stage and if yes, to what extent? No appeal lies against the levy of provisional anti-dumping duty and this Court is well within its power to entertain this petition since there being no alternative remedy available to the petitioners despite the fact that they are being saddled with the liability of provisional anti-dumping duty. Confidentiality - Rule 7 of the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 - held that:- This whole exercise undertaken by the designated authority and withholding of certain relevant data of its preliminary finding is certainly causing prejudice not only to the petitioners but all importers and in absence of such data in respect of its finding, it is practically impossible for them to raise any objection or to make any effective submission. - designated authority directed to provide all necessary details of findings which are kept blank while recording his preliminary findings and permit the petitioners to raise their objections in this regard and while recording the final finding, the designated authority shall take into consideration such objections and submissions that may be made in this regard.
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