TMI Blog2011 (1) TMI 1505X X X X Extracts X X X X X X X X Extracts X X X X ..... ry findings recorded by the designated authority under the provisions of the Customs Tariff Act, 1975 (for short, the Act ) read with Customs (Identification, Assessment and Collections of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (for short, the Rules ) recommending imposition of provisional anti-dumping duty on imports of PVC Flex Films and other related ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2-6-2010, Annexure P-2, followed by corrigendum dated 7-7-2010, Annexure P-3. Thereafter, impugned notification dated 30-7-2010, Annexure P-4 was issued by the Central Government under Section 9A(2) of the Act read with Rule 13 of the Rules. The said notification was followed by corrigendum dated 19-10-2010, Annexure P-5. The petitioner gave a reminder dated 18-11-2010, Annexure P-6, to the design ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmined under Rule 11 of the Rules on the basis of price in domestic market and the price at which the goods were exported which having not been properly determined, the levy was illegal. 5. Admittedly, remedy of appeal is available to the petitioner under Section 96 of the Act before the Tribunal against levy of provisional duty under Section 9A(2) of the Act read with Rule 13 of the Rules. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e deficient, which required further investigation. The designated authority made a comparison between the export price at normal value and also noticed that imports from China were increasing, resulting in retarding of domestic industry. In view of the said findings, the impugned notification levying anti-dumping duty, cannot be held to be perverse or arbitrary so as to call for interference by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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