9911796707
TMI Blog1997 (8) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter the Rules, for short). The Rules have been framed in exercise of the powers conferred by sub-section (6) of Section 9A and sub-section (2) of Section 9B of the Customs Tariff Act, 1975. 3.The respondent No. 3 is the Indian Newsprint Manufacturers Association. On 14-10-1996, it filed a statutory complaint before the Designated Authority, i.e. respondent No. 2, complaining of newsprint dumping activities being pursued by certain Corporations in USA, Canada and Russia. The Designated Authority initiated investigation under Rule 5 having felt satisfied of the need of such investigation. A public notice was issued on 20-12-1996 and published in the Gazette of India ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing is yet to take place whereafter the final findings would be submitted to the Central Govt. The Central Govt. 'may' on the basis of the preliminary findings recorded by the Designated Authority impose a provisional duty not exceeding the margin of dumping under Rule 13. Such provisional duty shall remain in force only for a period not exceeding six months. Under Rule 17 the Designated Authority shall submit its final finding whereafter the Central Govt. may levy duty under Rule 18. Whether a provisional duty or a duty, it shall be open to appeal under Section 9C of the Customs Tarrif Act, 1975. It was also submitted that the levy of the duty is the legislative activity intended to protect the domestic newspaper industry and any judic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... up to this Court. Instead they have projected these petitioners to file these petitions making available their documents. 8.The learned counsel for the petitioners have invited attention of the court to Sakal Papers (P) Ltd. v. Union of India - AIR 1962 SC 305 (312), Bannett Coleman Co v. Union of India, 1972 (2) SCC 788 (Para 80 and 175) - Indian Express Newspapers v. UOI - 1999 (110) E.L.T. 3 (S.C.) = 1985 (1) SCC 641 (Para 52 and 69) and submitted that the cases of the newspapers have to be dealt with on a different footing by the High Court. It was submitted that it is not the newspaper merely but the citizenry at large, which has vital interest in newspaper industry and fundamental right to information and dissemination of knowledg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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