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2003 (11) TMI 80 - SC - CustomsAnti-dumping duty - Dumping of optical fibre - Notification dated 28th June, 2000 bearing No. 94/2000-Customs - CEGAT quashed Notification - Held that:- CEGAT has held in favour of M/s. Sterlite Industries (India) Limited on the aspect of margin of dumping, injury suffered by domestic industry and causal connection between dumping and material injury. CEGAT has, however, quashed the Notification on the ground that the Designated Authority has wrongly taken the production capacity of M/s. Sterlite Industries (India) Limited at 10 lakh K.M. during the period of investigation i.e. from 1st April, 1998 to 28th February, 1999. According to CEGAT the production capacity during the period of investigation was not 10 lakh K.M. We have also examined the file and we find that the conclusion of CEGAT that the Designated Authority had taken the production capacity at 10 lakh K.M. is not correct. Even otherwise we find that the approach of CEGAT is wrong. Once it comes to the conclusion that there was dumping and that the domestic industry was injured merely on the ground that the Designated Authority did not properly assess the injury, CEGAT cannot set aside the order of the Designated Authority or the Notification. In such cases it is the duty of CEGAT to re-work the figures and decide what, if any, should be the anti-dumping duty - Matter remitted back - Decided in favour of assessee.
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