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2003 Supreme(SC) 344

S.N.VARIAVA, H.K.SEMA
STERLITE INDUSTRIES (INDIA) LTD. – Appellant
Versus
DESIGNATED AUTHORITY, M/o COMMERCE – Respondent


ORDER

1. All these appeals are against the order of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) dated 13-12-2000.

2. Briefly stated, the facts are as follows:

M/s Sterlite Industries (India) Limited made a complaint to the Designated Authority that optical fibre was being dumped in India. On the basis of that complaint inquiry was conducted. The Designated Authority f proposed levy of anti-dumping duty. Pursuant to that, notification dated 28-62000 bearing No. 94/2000-Customs came to be issued. Three appeals were filed before CEGAT. CEGAT has set aside the notification by the impugned order.

3. In our view, it is not necessary for us to go into the merits of this matter as we propose to send the matter back to CEGAT after laying down certain guidelines. From what has been argued before us, it appears that in pursuance of Rule 7 of the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Designated Authority is treating all material submitted to it as confidential merely on a party asking that it be treated confidential. In our view, that is not the purport of Rule 7. Und







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