2011 (2) TMI 1503

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..... Dumped Articles and for Determination of Injury) Rules, 1995 framed under Section 9A being ultra vires to the Constitution of India; (iii) For quashing the Notification No. 116/2009, dated 8-10-2009 (Annexure P-1) issued by respondent No. 1 and the Notification No. 14/12/2007, dated 26-8-2009 (Annexure P-2) issued by respondent no. 2; (iv) For the issuance of a writ in the nature of mandamus directing the respondents No. 1 and 2 to withdraw and/or cancel the impugned final findings No. 14/2/2007/DGAD, dated 26th August, 2009 (Annexure P-2) and the consequent Customs Notification No. 116/2009, dated 8th October, 2009 (Annexure P-1) issued by Ministry of Finance and implementing the recommendations contained in the said final findings." 2. .....

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..... e CESTAT and the Tribunal may give such priority in hearing as may be appropriate. 5. Since the validity of rule cannot be gone into by the Tribunal, we have considered this aspect. Objection to the validity of rule is based on the contention that scope of hearing under Rule 6(5) was limited to furnishing information relevant to the investigation regarding dumping, injury and causality. We do not find any substance in this contention. 6. Section 9A of the Act enables the Central Government to impose Anti-Dumping Duty not exceeding the margin of dumping. Dumping is a process of selling of goods by an exporter from outside India at a very low price for sometime so that domestic industry in India is not able to compete and after do .....

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..... principles for determination of normal value, export price, margin of dumping and determination of injury. 7. The scope of investigation being focussed on the issues mentioned in Rule 6(5), the opportunity of furnishing information given to the interested party has to be relevant to the said matters. Violation of right of the petitioner, if any, as a consequence of finding recorded on the said matters, is consequential. The provisions for investigation regarding dumping, injury or causality connected therewith are to give effect to the object under Section 9A of the Act of imposing anti-dumping duty equal to the margin of dumping. The provision of levy of Anti-dumping duty is not in any manner violative of fundamental right of the pe .....

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