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2016 (6) TMI 308 - HC - CustomsAnti Dumping Duty - Seeking change of name in the final findings of the Designated Authority (DA) - DA suggested to seek a Mid-Term Review instead of filing an application for change of name - Held that:- it was incumbent on the DA to have first examined whether, on the basis of the documents submitted by the Petitioner, the change in its name has altered or impacted the basis for the imposition of the anti-dumping Duty in terms of the Final Findings. In order to come to such conclusion there has to be preliminary level examination, with the participation, if necessary, of the Petitioner. From the certificate issued by the Swedish Companies Registration Office it appears that the only change was in its name. This has happened subsequent to the Final Findings. This fact has to be taken note of by the DA and nothing more. The consequential change of the name of the Petitioner as recorded in the Final Findings should not ordinarily require an elaborate exercise of a mid-term Review. The failure to devise a procedure for dealing with the contingencies cannot constitute a valid reason to compel the initiation of a mid-term Review to effect changes that are of a routine nature and which do not affect the basis of the Findings. It is made clear, however, that if on examination of application made by such entity together with relevant documents the DA is of the view that such change in name affects the basis of the Findings, then it may, for reasons to be recorded, order a mid-term Review. In the present case the impugned communication issued to the Petitioner gives no reason whatsoever for requiring the Petitioner to go in for a midterm Review. It is also silent on whether the application made by the Petitioner with the enclosed documents was examined by the DA. Accordingly, the said decision as communicated by means of the impugned letter of the DA is hereby set aside. - Decided in favour of petitioner
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