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2005 (2) TMI 140 - SC - CustomsWhether there has been a significant increase in the dumped imports while examining the volume of dumped imports? Whether there has been a significant price under cutting by the dumped imports in order to assess the effect on the prices in the domestic market i.e. an increase in quantity and a decrease in the export prices? Held that:- After collecting such evidence and information which pertain to the ingredients of dumping, the Designated Authority is required "in appropriate cases" to record a preliminary finding regarding export price, normal value and margin of dumping and the injury to the domestic industry under Rule 12. If the Designated Authority is of the opinion on the basis of its preliminary finding that there has been dumping which has caused injury to the domestic industry, it may make a preliminary determination of the margin of dumping. On the basis of the preliminary finding the Central Government may, under Rule 13, levy provisional duty. It is at this stage that Rule 14 comes into operation when the investigation is yet to be completed finally and the final findings published under Rule 17. As we hold that it was incumbent on the Respondent No. 1 to have closed the investigation under Rule 14(d) once it came to the conclusion that the volume of dumped imports was less than 3% of the total imports it is sufficient to upset the finding of the Tribunal and the Respondent No. 1 to set aside the anti-dumping duty imposed on the appellant. In the circumstances, it is unnecessary to decide on the further challenge raised by the appellant on the basis of violation of Rule 16. Appeal allowed.
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