TMI Blog2003 (12) TMI 594X X X X Extracts X X X X X X X X Extracts X X X X ..... and 9% respectively. However, notification dated 30-10-2003, which is at page 141, has prescribed the safeguard duty at the rate of 12% ad valorem. 2. Action was challenged on various grounds before the learned Single Judge. Learned Single Judge considering various aspects dismissed the petition against which the present appeal is preferred. 3. Before us only ground raised is that the Committee constituted which took a decision on 29-7-2002 was not constituted as per the minutes dated 3-2-1998 and, therefore, on recommendation of such a Committee if the decision is taken, the same cannot be said to be a decision in accordance with law. According to learned counsel, all Members should be Secretaries of the concerned departments, as they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, in view of the improved position of the domestic industry there was no longer a strong case for imposition of such measures in 2002. It is only after considering all these factors including the question of public interest and the prevalent situation that the Standing Board recommended the imposition of safeguard duty in respect of ECH imports into India at the rate of 12% and a duration of one year only. In this respect also no infinity with respect to the constitution of the Standing Board and the ultimate decision taken by the Central Government is made out 4. Learned counsel could not point out any statutory provision for constitution of a Committee. However, according to learned counsel decision was taken by the Cabinet for forma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rst, Learned Single Judge in the concluded portion has held that the review is permissible and petitioner has not been shut out and does not require any direction from this Court in the matter for review. Learned counsel submitted that in view of WTO Agreement on Safeguards, review is not permissible and drew our attention to clause (5) of Rule 7 of the Agreement, which reads as under :- No safeguard measure shall be applied again to the import of a product which has been subject to such a measure, taken after the date of entry into force of the WTO Agreement, for a period of time equal to that during which such measure had been previously applied, provided that the period of non-application is at least two years. 8. Rule 18 of Safegu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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