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2011 Supreme(Bom) 1243

D.Y.CHANDRACHUD, A.A.SAYED
Hamilton House-wares Private Limited – Appellant
Versus
Designated Authority, Directorate General of Antidumping and Allied Duties – Respondent


Advocates Appeared:
For the Appellant:V. Shridharan, Senior Advocate, with Prakash Shah, Jas Sanghavi i/b. PDS Legal, Advocates.
For the Respondents:R1 & R2, Pradeep S. Jetly, with Jay K. Bhatia, R3, Arshad Hidayatullah, Senior Advocate, with Sujay Kantawala, Rajesh Sharma, Ricab Chand, Brijesh Pathak, R4, R. Ashokan, Advocates.

Judgment :

(DR. D.Y. CHANDRACHUD, J.)

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 antidumping duty, which if levied would be













































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