9911796707
TMI Blog2011 (2) TMI 1164X X X X Extracts X X X X X X X X Extracts X X X X ..... Ajay Kumar Mittal, JJ. S/Shri Seetha Raman, Atul Gupta and Sandeep Goyal, Advocates, for the Petitioner. [Order per : Adarsh Kumar Goel, J. (Oral)]. This petition seeks declaration that Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 are ultra vires the Constitution. Direction has also been sought for amending Notification No. 15/31/2010-DA dated 26-11-2010 initiating mid term review of anti-dumping duty on Korea RP alone with consequential direction for reimbursement of excess anti-dumping duty and prohibition against collection thereof. It will be appropriate to reproduce the prayers in the petition :- (i) Writ of a suitable n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d for Determination of Injury) Rules, 1995 recommended imposition of anti-dumping duty equal to margin of dumping and margin of injury on imports from United States of America, Korea RP and Taiwan. Thereafter, vide notification dated 1-12-2010 recommendations for anti-dumping duty was made in respect of imports from the other countries i.e. Japan and Thailand. In exercise of its powers under Rule 23 and on receipt of a petition from M/s. LG Chem Ltd., Korea RP the designated authority initiated mid-term review on the anti-dumping duty imposed vide notification dated 3-3-2008. The petitioner vide legal notice dated 5-1-2011 approached the Designated Authority for issuance of corrigendum for the initiation of notice to cover all the countries ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as been authorised to impose anti-dumping duty not exceeding the margin of dumping. If it is proved that anti-dumping duty has been imposed in excess of margin of dumping, the importer is entitled to refund under Section 9AA. The Rules provide for manner in which the effect of dumping and margin of dumping are determined. Designated Authority is to be appointed by Central Government not below the rank of Joint Secretary to investigate as to existence and effect of dumping and to make recommendations about the amount of anti-dumping. The said authority also has to review the need for continuance of anti-dumping. Procedure and principles governing investigation have been laid down. Rule 23 provides for review from time to time. There is guide ..... X X X X Extracts X X X X X X X X Extracts X X X X
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