RATHORE, J. - (1.) THIS writ petition is directed against the initiation notification dated 19. 7. 2004.
(2.) BRIEF facts of the case are that the petitioner is engaged in manufacturing of Refrigerators. This factory is located at Vigyan Nagar, Opposite RIICO Office, Shahjahanpur, District Alwar, Rajasthan. For the manufacture of its Refrigerators the petitioner imports various types of compressors mainly from Malaysia and China at internationally competitive price. M/s. BPL Engineering Limited filed a complaint before the designated authority in the month of February, 2004 alleging dumping of certain compressors (Low Temperature Application compressors of a kind used in refrigerating equipment, used in domestic application refrigerators) imported from China and Malaysia. The complaint filed by the M/s. BPL Engineering Ltd. is with regard to the year 2003-04. Pursuant to the aforesaid complaint respondent No. 2 issued a letter dated 5. 3. 2004 to some of the manufacturers of compressors in India and specified the product under consideration as "compressors of a kind with cooling capacity below 600 BTU per hour used in refrigerating equipment or hermetically sealed compressors. " Through the aforesaid letter the petitioner was called upon to furnish the following information:- a) Whether the Indian manufactures support, oppose or are neutral to the proposed investigation? b) Whether the manufacturers in India manufacture subject goods for self-consumption or sale. c) The manufacturers were asked to provide production figures, self-consumption figures, domestic sale and export sale figures from 2000-01 to December 2003. The respondent No. 2 also called for the said information for January 2003 to December 2003. d) The manufactures were also called upon to state whether the manufacturers themselves imported subject goods. The respondent No. 2 also initiated the investigation vide initiation notification dated 19. 7. 2004 into the alleged dumping of certain compressors originating in or exported from China and Malaysia.
(3.) THE period of investigation covered was notified to be April, 2003 to March 2004 while the information provided by the domestic producers in terms of letter of the Designated Authority dated 5. 3. 2004 pertained to the period January 2003 to December 2003. Prior to filing this writ petition the petitioner vide letters, addressed to the Designated Authority, dated 16. 9. 2004, 29. 9. 2004, 18. 10. 2004, 5. 11. 2004 and 17. 11. 2004 expressed its apprehensions about the present investigations. The petitioner vide its letter dated 5. 11. 2004 also pointed out to the Designated Authority that the investigations are without jurisdiction and they do not satisfy the pre-conditions of Rule 5 for any initiation. In fact even prior to initiation of the investigation the petitioner had submitted to the designated authority vide letter dated 11. 3. 2004 that the complainant did not have the required standing to file the petition as their production construed less than 25% of the total production in the country. The petitioner raised preliminary objections on the jurisdiction of the Designated Authority and pointed out that the investigations needs to be terminated on this grounds alone. ;