MAHAVEER MIRROR INDUSTRIES AND Vs. DESIGNATED AUTHORITY,

JUDGEMENT

(1.) THE request for adjournment on behalf of M/s. Mahaveer Mirror Industries is declined by the separate order. Heard learned Counsel Mr. Ameet Singh, Advocate and Mr. Devender Kumar, Jr. Advocate for Designated Authority and Ms. Meenakshi Arora, Advocate, Mr. Jitendra Singh, Advocate and Mr. Chander Prakash, Advocate on behalf of the Domestic Authorities at length. All the appeals are filed against the Notification No. 165/2003 -Cus. dated 12th November, 2002 issued by the Central Government under Sub -section (1) of Section 9A of the Customs Tariff Act, 1975 read with Rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti -dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 [hereafter referred to as 'rules'] imposing anti -dumping duty on Float Glass of thickness 2mm to 12 mm (both thickness inclusive) of clear as well as tinted variety (other than Green glass) but not including processed glass meant for decorative, industrial or automotive purposes, originating in, or exported from, the Peoples' Republic of China and Indonesia, and imported into India as shown in the Table to the Notification.

(2.) THE Designated authority issued a Public Notice dated 5th July, 2002 initiating anti -dumping proceedings concerning imports of Float glass covered under Chapter heading 70.05 of the Schedule 1 of the Customs Tariff Act on the petition filed by All India Float Glass Manufacturers' Association (AIFGMA). The Designated Authority notified preliminary findings by Notification -dated 20.11.2002 and recommended imposition of Anti -dumping duty on provisional basis, which was notified by Notification No. 7/2003 -Cus. dated 7th January, 2003.

(3.) THE Designated Authority thereafter, provided an opportunity to the interested parties to present their view orally in public hearing held on 19th February, 2003. The Designated Authority thereafter, in accordance with Rule 16 of the Rules issued disclosure statement to known interested parties on 25th June, 2003. After receipt of the comments by the interested parties the Designated Authority recommended imposition of Anti -dumping duty by the Final Findings dated 22nd August, 2003. In pursuance to the recommendation by the Designation Authority, the impugned Notification No. 165/2003 -Cus. dated 12th November, 2003 imposing Anti -dumping duty w.e.f., 17.1.2003 was issued. We have gone through the grounds of the appeal in the appeals filed by the appellants and we find that the impugned notification is being challenged on the following grounds: