KARPAGAMBAL MILLS LIMITED REGD OFFICE: CHOLAPURAM SOUTH P O NEAR RAJAPALAYM VIRUDHUNAGAR DISTRICT TAMIL NADU Vs. DIRECTORATE GENERAL OF ANTI DUMPING AND ALLIED DUTIES GOVERNMENT OF INDIA MINISTRY OF COMMERCE AND INDUSTRY DEPARTMENT OF COMMERCE UDYOG BHAVAN NEW DELHI 110 011 THROUGH THE DESIGNATED AUTHORITY

JUDGEMENT

(1.) PETITIONERS are the Companies registered under the Companies Act, 1956. They are importers from various countries such as Thailand, Korea, etc. of Polyester Staple Fiber (PSF), which is used in the manufacture of 100% polyester spun yarn, polyester viscose blended yarn and polyester cotton blended yarn. They have filed the writ petitions challenging the validity of the preliminary findings dated 16.1.2002 of the first respondent. They have also sought for a declaration that Rule 7 of the Customs Tariff (Identification, assessment and collection of anti dumping duty on dumped articles and for determination of injury) Rules, 1995 is illegal and unconstitutional.

(2.) BEFORE noticing in detail the assertions made by the petitioners and the contentions of the respondents, it is necessary to notice some of the relevant provisions of the Customs Tariff Act, 1975 (hereinafter called the Act). Sec.9-A:

(3.) IT is also not disputed that writ petitions have been filed before Rajasthan High Court challenging the initiation notification and the order dated 15.10.2001. While the matter stood thus, the present writ petitions have been filed in this Court.