INDIAN METAL AND FERRO ALLOYS LTD. Vs. DESIGNATED AUTHORITY, MINISTRY OF COMMERCE AND INDUSTRY AND DEPARTMENT OF REVENUE, MINISTRY OF FINANCE

JUDGEMENT

(1.) THERE is no major dispute between the parties on the facts of the case. The real dispute is with regard to the interpretation of the anti -dumping provisions of the Customs Tariff Act, 1975 (for short the Act) and the Customs Tariff (Identification, Assessment and Collection of Anti -Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (for short the Rules). The question that we are called upon to answer is whether the Designated Authority (Respondent No. 1) appointed under Rule 3 of the Rules, if called upon to do so, is obliged to carry out what is commonly known as a 'sunset review' or can it decline to do so.

(2.) IN our opinion, if it is called upon to do so, the Designated Authority is under an obligation to conduct a sunset review and the Central Government (Respondent No. 2) must consider the recommendation made by the Designated Authority and take a decision thereon. The facts:

(3.) THE broad facts of the case, as have been pointed out to us during the course of hearing on 24th and 25th September, 2007 are that the Petitioner and others jointly petitioned the Designated Authority (Respondent No. 1), appointed under Rule 3 of the Rules, alleging that ferro alloys originating in or exported, inter alia, from China and Russia are being dumped in India. It was requested that the Designated Authority may initiate investigations into the allegations and thereafter impose anti -dumping duties under the Act.