S AND S ENTERPRISE Vs. DESIGNATED AUTHORITY

JUDGEMENT

(1.) The appellant imported lead acid batteries from Bangladesh during the period 1.2.2000 to 13.9.2001. The total number of batteries so imported were found to be less than 3% of the total imports of such batteries into India during that period. This was so found by the Designated Authority (the respondent No. 1) , on an investigation consequent upon a complaint lodged by the private respondent under Rule 5 of the Customs Tariff (Anti-Dumping Duty on Dumped Articles and for Determination of Injuries) Rules 1955 (referred to as 'the Rules').

(2.) Rule 14 (d) inter alia provides that if the Designated Authority determines that the volume of the dumped imports actual or potential from a particular country accounts for less than 3% of the imports of the like product, he shall terminate the investigation immediately. Nevertheless the respondent No. 1 continued the investigation in respect of the imports from Bangladesh on the finding that the value of imports made from Bangladesh was more than 6% which was more than the de minimis limit of 3% as provided under Rule 14 (d). On 7th December, 2001 the Respondent no. 1 published the final finding determining that anti-dumping duty was payable in respect of such imports of batteries during the period under investigation. The Ministry of Finance accepted the recommendation of the respondent No. 1 and notified the anti-dumping Duty by Notification dated 2.1.2002.

(3.) The appellant preferred an appeal before the Central Excise and Gold (Control Appellate Tribunal CEGAT). The Tribunal rejected the submission of the appellant that the Designated Authority should have computed the volume of exports on the basis of quantity rather than on the basis of price. It held that the word "volume" in the context of Rule 14 meant value.