LAWS(BOM)-2011-10-64

HAMILTON HOUSWARES PVT LTD Vs. DESIGNATED AUTHORITY DIRECTORATE GENERAL OF ANTI-DUMPING AND ALLIED DUTIES

Decided On October 14, 2011
HAMILTON HOUSWARES PVT. LTD. Appellant
V/S
DESIGNATED AUTHORITY, DIRECTORATE GENERAL OF ANTI-DUMPING AND ALLIED DUTIES Respondents

JUDGEMENT

(1.) Rule; with the consent of Counsel for the parties returnable forthwith. With the consent of Counsel and at their request the Petition is taken up for hearing and final disposal

(2.) The Petitioner which is a Company engaged in the manufacture, import and sale of house ware products, has challenged the preliminary findings issued by the Designated Authority in the Directorate General of Anti-Dumping. The preliminary findings have been issued under the provisions of Rule 12 of the Customs Tariff (Identification, Assessment and Collection of Anti- Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 ("the Rules".

(3.) On 26 August 2010, the Union Government in the Department of Commerce of the Ministry of Commerce and Industry initiated an investigation into the alleged dumping of Opal Glassware originating in or exported from China and the UAE in exercise of the power conferred by Rule 5 of the Rules. The initial notification of the Designated Authority stated that the investigation was to determine the existence, degree and effect of alleged dumping and to recommend the amount of anti-dumping duty, which if levied would be adequate to remove the injury caused to domestic industry.