BIRLA ERICSSON OPTICALS Vs. DESIGNATED AUTHORITY

JUDGEMENT

(1.) Under order dated 25 -11 -2003 in Civil Appeal Nos. 5173 -5178 of 2001 [2003 (158) E.L.T. 673 (S.C.)], the Hon'ble Supreme Court of India has remanded the above appeals to this Tribunal for fresh consideration with certain directions.

(2.) In paragraph three of the above order the Hon'ble Supreme Court has referred to the norms to be adopted in the matter of claim to confidentiality made under Rule 7 of the Customs Tariff (Identification), Assessment and Collections of Anti -dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995. The above paragraph is quoted below :

(3.) It was further observed that once the Tribunal comes to the conclusion that there was dumping and the domestic industry was injured merely on the ground that the DA did not properly assess the injury the Tribunal cannot set aside the order of the DA. In such cases it is the duty of the Tribunal to rework the figure and decide what, if any, should be the anti -dumping duty.