R.D. Shukla, J. - (1.) After investigating the matter as to whether Anti Dumping Duty concerning the imposition of Acrylic Yarn exported from Nepal should be imposed upon the petitioner the authority appointed under the Customs Tariff Act, 1975 recommended that provisional Anti Dumping Duty as set out below be imposed from the date of the notification to be issued in this regard by the Central Government on all imports of Acrylic yarn falling under Customs Heading 5402 and 5509 originating in and or exported from Nepal pending final determination. The anti dumping duties shall be as follows: JUDGEMENT_139_LAWS(ALL)11_2001.htm
(2.) Thereafter the authorities indicated that the following procedure would be followed subsequent to notifying the preliminary findings: (a) The Authority invites comments on these findings from all interested parties and the same would be considered in the final findings: (b) Exporters. producers importers, petitioner and other interested parties known to be concerned are being addressed separately by the Authority who may make known their views, within forty days from the date of dispatch of the letter. Any other interested party may also make known its views within forty days from the date of publication of these findings; (c) The authority would provide opportunity to all the interested parties for making oral submissions. which have to be rendered thereafter in writing. The date and time for the oral hearing shall be communicated to all known interested parties subsequently; (d) The Authority would conduct further verifications to the extent deemed necessary (e) The Authority would disclose essential facts before announcing the final findings.
(3.) Sub- Section (1) of Section 9-A, which pertains anti-dumping duty on dumped articles under the Customs Tariff Act, 1975 are says as under: (i) Where any article is exported from any country or territory (hereinafter in this section referred to as the exporting country or territory) to India at less than its normal value then upon the importation of such article into India, the Central Government may, by notification in the Official Gazette, impose an anti-dumping duty not exceeding the margin of dumping in relation to such article.;