2000 (2) TMI 96

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..... on account of imports of the said item. They approached the Director General (Safeguards) as per the provisions of Safeguard Duty Rules framed under the Customs Tariff Act, 1975. The Director General (Safeguards) has given his final findings which have been challenged by the petitioners by way of present writ petition. The conclusion recorded in para 22 of the final findings of the Director Gener .....

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..... behalf. "Rule 4 (4) to recommend :- (i) the amount of duty which if levied would be adequate remove the injury or threat of injury to the domestic industry; (ii) the duration of levy of safeguard duty and where the period so recommended is more than a year, to recommend progressive liberalisation adequate to facilitate positive adjustment." 3. Rule 11 is regarding final findings of the Dir .....

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..... cle under investigation as well as whether causal link exists between the increased imports and serious injury to the domestic industry. It is submitted that in view of these provisions the Director General before making recommendations for levy of Safeguard Duty has to consider all these aspects and it is in the background of these aspects he has to decide whether to make a recommendation for lev .....

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..... al) per unit. However, PACT who were getting power from the Kerala State Electricity Board at about Rs. 2.50 per unit which is much lower as compared to the cost of power to UPL/SCIL, are not able to produce Yellow Phosphorous at competitive prices. In fact due to higher cost of production they have stopped production of Yellow Phosphorous. It is, therefore, difficult to appreciate that even after .....

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..... rious injury to domestic industry and the causal link. We are unable to find any fault with the decision of the Director General in not recommending levy of Safeguard Duty. We cannot accept the argument advanced on behalf of the petitioners that in the event of recording a finding about serious injury to the domestic industry, the Director General has no jurisdiction except to make a recommendatio .....

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