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Issues Involved:
The judgment involves challenges to preliminary findings on anti-dumping investigation regarding newsprint imports from USA, Canada, and Russia under the Customs Tariff Act, 1975. Details of the Judgment: Issue 1: Preliminary Findings on Anti-dumping Investigation The Designated Authority initiated an investigation based on a complaint filed by the Indian Newsprint Manufacturers Association regarding newsprint dumping activities by certain corporations in the mentioned countries. The investigation covered the period from April 1, 1996, to October 31, 1996, and recorded preliminary findings on export price, normal value, and margin of dumping as per Rule 12. Issue 2: Maintainability of Writ Petitions Respondents objected to the maintainability of the writ petitions, arguing that they were premature as the Designated Authority had not concluded its proceedings. The Central Government could impose provisional duty based on preliminary findings, with the option for appeal under Section 9C of the Customs Tariff Act, 1975. Judicial interference at this stage was deemed unwarranted. Issue 3: Violation of Procedural Safeguards Petitioners alleged violations of procedural safeguards during the investigation, citing Rules 4 to 12 and Rule 2(c). However, the respondents contended that the petitioners were aware of the proceedings but did not raise objections or supply necessary information. The court referenced previous cases emphasizing the importance of the newspaper industry and citizens' right to information. Conclusion: The court found the petitions premature and dismissed them, stating that the petitioners could present their contentions before the Designated Authority during the ongoing investigation. Any imposition of duty would be subject to legal remedies, and the court emphasized the need to protect the domestic newsprint industry while considering all societal interests. The prayer for interim relief was also denied, with no costs imposed.
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