Judgment

Ruma Pal, J.—The appellant imported lead acid batteries from Bangladesh during the period 1.2.2000 to 13.9.2001. The total number of batteries so imported were found to be less than 3% of the total imports of such batteries into India during that period. This was so found by the Designated Authority (the respondent No. 1), on an investigation consequent upon a complaint lodged by the private respondent under Rule 5 of the Customs Tariff (Anti-Dumping Duty on Dumped Articles and for Determination of Injuries) Rules 1955 (referred to as ‘the Rules’).

2. Rule 14(d) inter alia provides that if the Designated Authority determines that the volume of the dumped imports actual or potential from a particular country accounts for less than 3% of the imports of the like product, he shall terminate the investigation immediately. Nevertheless the respondent No. 1 continued the investigation in respect of the imports from Bangladesh on the finding that the value of imports made from Bangladesh was more than 6% which was more than the de minimis limit of 3% as provided under Rule 14(d). On 7th December, 2001 the Respondent No. 1 published the final finding determining that anti-dumping dut