Santosh Hegde, J. - (1.) Leave granted in S.L.P. (C) No. 5361/2000.
(2.) The appellant in Civil Appeal No. 4109 of 2000 (arising out of S.L.P. (C) No. 5361/2000) had filed a petition before the Designated Authority (Anti-Dumping), Ministry of Commerce (for short the 'Authority') alleging that M/s. Haldor Topsoe A/S (to be referred to as 'the respondent') was indulging in "dumping" in India of six types of catalysts, particulars of which were enumerated in the said petition. Based on this petition, the Authority had initiated proceedings against the respondent under Section 9-A of the Customs Tariff (Amendment) Act, 1995 (for short 'the Tariff Act').
(3.) The Authority, on 6th of September, 1996, issued a public notice of the anti-dumping investigation to be conducted against the respondent for the export to India of the above-referred six catalysts from Denmark. The Authority also heard the parties concerned including the respondent and on 7-5-1997 published a preliminary finding holding that the export of the said catalysts amounted to dumping and proposed provisional imposition of anti-dumping duties against the respondent. The said determination of the Authority was accepted by the Government of India vide its Notification No. 56/97, and a provisional anti-dumping duty valid up to 19th of December, 1997 was levied. Respondent challenged the said provisional determination, consequently the Authority proceeded to make the final determination of the normal value of the subject catalyst and final dumping duty leviable. For this purpose, the Authority initiated a public hearing on 8th of July, 1997. However, this hearing could not be completed because of a change in the person holding the office of the Authority, hence, a fresh public hearing had to be resorted from 5th of January, 1998.;