2017 (6) TMI 1170 - HC - Customs

Anti-Dumping Duty - Soda Ash - mid-term review - sunset review - section 9A of the Custom Tariff Act, 1975 - time limitation - Held that - As the Sun-set Review had began as per the notification dated 16.6.2017 and as the anti-dumping duty earlier notification dated 2.7.2012 was to lapse on 2.7.2017, the petitioners of one of petition being SCA No. 12249 of 2017 made representation, copy whereof is produced at page nos. 252 and 253 to authorities to exercise power under proviso (ii) to Section 9(A)(5) so the interest of indigent industry may not be jeopardize - we are of the prima-facie view that those findings were going in favour of the justification for imposing or continuing anti-dumping duty which in-vogue pursuant to notification dated 3.7.2012. Let learned ASG receive copy of these petitions so that he may obtain appropriate instructions without any undue delay to see to it that entire exercise of mid-term review and sun-set review may not leave the indigent industries hie and dry and may continue enjoying the protection which enures to them under the earlier notification dated 3.7.2012 and the Government of India may issue appropriate notification of extension of anti-dumping duty in exercise of powers in terms of (ii) proviso to Section 9(A)(5). Issue notice, returnable on 3.7.2017 with a liberty to all the concerned to approach the Court even prior to the next date of hearing i.e. 3.7.2017 in case of difficulty so that appropriate orders can be passed.

Summary

Issues:
- Mid-term review findings for continuation of anti-dumping duty
- Sun-set review for extending anti-dumping duty
- Representation for extension of anti-dumping duty
- Instructions from concerned authorities
- Prayers made in the petitions
- ASG's submission on petitioners' grievances
- Notice issued for further proceedings

Mid-term Review Findings for Continuation of Anti-dumping Duty:
The Court noted that the mid-term review findings favored the justification for imposing or continuing anti-dumping duty, as per the notification dated 3.7.2012. The disclosure statement highlighted various factors, including increased imports at dumped prices, surplus capacities in exporting countries, positive price undercutting, and potential impact on the domestic market. The Court acknowledged the importance of these findings in safeguarding the Indian industry.

Sun-set Review for Extending Anti-dumping Duty:
Given the impending expiry of the anti-dumping duty notification dated 3.7.2012, a sun-set review was initiated through a notification on 16.6.2017. The petitioners raised concerns about the lapse of the protective measures for the domestic industries if the review extended beyond 2.7.2017. The Court emphasized the need to prevent the anti-dumping duty notification from lapsing and leaving the industries vulnerable.

Representation for Extension of Anti-dumping Duty:
In response to the sun-set review process and the approaching expiry date of the existing anti-dumping duty notification, the petitioners made representations to authorities. They requested the exercise of power under the relevant provisions to ensure the continuity of anti-dumping measures and protect the interests of the affected industries.

Instructions from Concerned Authorities and ASG's Submission:
The Court requested the learned ASG to seek instructions regarding the petitions and the urgency of the situation. The ASG, upon receiving instructions, indicated that the petitioners' grievances might not persist, but lacked definitive guidance due to the absence of written instructions. The Court directed the ASG to obtain clear instructions promptly to address the concerns raised by the petitioners.

Prayers Made in the Petitions and Notice Issued:
Considering the complexities of the mid-term and sun-set reviews, the Court issued notices returnable on 3.7.2017. The parties were granted liberty to approach the Court before the scheduled date in case of any difficulties. The ASG waived the service of notice on behalf of one of the respondents, and direct service was permitted on the same day to expedite the legal proceedings.