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2011 (6) TMI 665 - CESTAT, NEW DELHIWhether Designated Authority has no power to issue corrigendum as it became functus officio in law immediately after the issuance of the final finding dated 17-2-2009 and only jurisdiction which the Designated Authority had thereafter was in terms of Rule 23 of the Anti Dumping Rules to make a mid term review – Held that:- corrigendum dated 17-4-2009 is concerned, obviously, the same was also issued within the period prescribed for the completion of the notification, even the final notification was issued on 15-5-2009. Being so, the issue regarding bar of limitation as such does not arise for consideration in the matter. The corrigendum apparently discloses elaborate discussion of the objections raised on behalf of the appellants in this regard and the logical conclusion arrived at on analysis of those contentions. There is, therefore, absolutely no substance in this ground of challenge also. Whether Designated Authority has no power to impose Anti-Dumping duty in terms of any foreign currency and anti dumping duty can be imposed only in Indian rupees – Held that:- Anti-dumping duty is fixed after a finding that foreign goods are sold at less than their normal value in the Indian market causing injury to domestic producers. The amount of dumping margin is worked out in dollar terms as all aspects of trade are in US$. Section 9A stipulates that anti-dumping duty shall not exceed dumping margin. anti-dumping duty should be fixed in dollar terms so that erosion of the quantum of protection does not take place on account of changes in the exchange rate”. appeals dismissed.
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