(1.) The writ petitioner (hereafter "Eveready") questions the decision of the second respondent (the Designated Authority hereafter "DA") in a notification dated 27.09.2016 ("Impugned Final Findings"), recommending against the imposition of anti-dumping duties on imports of AA Dry Cell Batteries (the "subject goods" hereafter), originating in or exported from the People's Republic of China and Vietnam (hereafter variously "subject country", and "subject countries").
(2.) Eveready is a domestic manufacturer of the subject goods and a member of the domestic industry on whose behalf the application for initiation of anti-dumping investigations was filed. The first respondent (Union Department of Revenue, Ministry of Finance hereafter "the Union" or "the Central Government"), determines whether or not to accept the recommendations of the DA. The Central Government may, within three months of the date of publication of final findings by the Designated Authority, impose by notification in the Official Gazette, anti-dumping duty on the goods originating in or exported from the countries in respect of which suspected dumping activities are confirmed by the DA. The latter (DA) carries out anti-dumping investigations and recommends whether or not to impose anti-dumping duties to the Central Government. It has, in the present case, issued the impugned final findings. The third respondent is Godrej & Boyce Mfg. Co. Ltd (hereafter "Godrej") an interested party in the anti-dumping investigations, who was impleaded in the present proceedings through C.M. No. 39592 of 2017.
(3.) The facts, in brief, are that in 2015, the Association of Indian Dry Cell Manufacturers filed an application for initiation of anti-dumping investigation of imports of the subject goods, originating in or exported from the subject countries. This Application was filed before the DA, for and on behalf of the domestic industry comprising of Eveready, M/s. Panasonic Energy India Ltd., and Nippo Batteries Company Ltd. On 20.10.2015, the DA, on a prima facie determination that sufficient evidence of dumping of the Subject Goods existed, issued an initiation notification in terms of Rule 5 of the Customs Tariff (Identification, Assessment and Collection of Anti- Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 ("Rules") to determine the existence, degree and effect of the alleged dumping. 01.04.2014 to 31.03.2015 was chosen as the period of investigation. Copies of the initiation notification were sent to the Embassies of the subject countries in India, known exporters, importers and other interested parties. Barring Godrej none of the exporters/producers or importers filed questionnaire responses or any submissions during the course of the investigation. On 03.02.2016, all interested parties were invited to present their views in a public hearing, in accordance with Rule 6(6) of the Rules. However, none of the interested parties, except members of the domestic industry, attended the public hearing.