TMI Blog2003 (11) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... t April, 1998 to 28th February, 1999. According to CEGAT the production capacity during the period of investigation was not 10 lakh K.M. We have also examined the file and we find that the conclusion of CEGAT that the Designated Authority had taken the production capacity at 10 lakh K.M. is not correct. Even otherwise we find that the approach of CEGAT is wrong. Once it comes to the conclusion that there was dumping and that the domestic industry was injured merely on the ground that the Designated Authority did not properly assess the injury, CEGAT cannot set aside the order of the Designated Authority or the Notification. In such cases it is the duty of CEGAT to re-work the figures and decide what, if any, should be the anti-dumping duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial the Designated Authority has to ask the parties providing information, on confidential basis, to furnish a non-confidential summary thereof. If such a statement is not being furnished then that party should submit to the Designated Authority a statement of reasons why summarization is not possible. In any event, under Rule 7(3) the Designated Authority can come to the conclusion that confidentiality is not warranted and it may, in certain cases, disregard that information. It must be remembered that not making relevant material available to the other side affects the other side as they get handicapped in filing an effective appeal. Therefore, confidentiality under Rule 7 is not something which must be automatically assumed. Of course in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d not properly assess the injury, CEGAT cannot set aside the order of the Designated Authority or the Notification. In such cases it is the duty of CEGAT to re-work the figures and decide what, if any, should be the anti-dumping duty. 5.For these reasons, we set aside the impugned order and remit these appeals back to CEGAT for decision on merits. We clarify that CEGAT will be at liberty to decide whether any material, which has been placed before the Designated Authority, is required to be kept confidential or not. 6.It is claimed that the three appellants before CEGAT have now become manufacturers in India. This is denied by M/s. Sterlite Industries Limited. However, in our view, it is not necessary to get into this controversy as eve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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