- (1.) There are altogether two writ petitions involved in this issue. The first writ petition is moved challenging the preliminary finding made by the Designated authority under the Ministry of Commerce and Industry (Department of Commerce), Directorate General of anti-dumping and allied duties while the second writ petition is moved challenging the final finding by such authority during the pendency of the first writ petition. Therefore, the cause of action which was available before the writ petition from the preliminary finding now merged with the final finding. Hence the Court has placed both the matters for an analogous hearing.
(2.) Petitioner before this Court is an importer of lead acid batteries from Bangladesh. On the basis of certain complaints, obviously from the domestic industries, a proceeding of anti-dumping and investigation concerning import of lead acid batteries originated or exported from Japan, Korea, China and Bangladesh was initiated. The Designated Authority, amongst others, held as follows: ?G. Deminius volume of import 15. It has been represented by the exporters from Bangladesh that exports made from Bangladesh to India are during the period of investigation. As the number of batteries is not a good indicator of the volume of imports, there being batteries of various sizes and types, it is only in terms of value that the de minis criteria can be applied. As per the evidence available before the authority the imports from Bangladesh account for less than 3 percent of the value/volume of import of the subject goods to India. Hence for the purpose of preliminary finding, the authority determines that imports from Bangladesh are de minis pending further investigation.?
(3.) The conclusion of such authority in the preliminary finding as also as follows: ?O. Conclusions 30. The authority has after considering the foregoing, came to the conclusion that: (i) Lead Acid Batteries exported to India from China, Korea and Japan is below its normal value: (ii) the Indian industry has suffered material injury and further being threatened with material injury: (iii) the injury has been caused by the dumped imports from China, Korea and Japan; (iv) as per evidence available before the authority at present volume of imports of subject goods from Bangladesh is de minims:?;