2019 (8) TMI 1535 - HC - Customs

Anti-Dumping Duty - Mr.Sunil Kumar the present Additional Secretary Designated Authority Directorate General of Trade Remedies Department of Commerce Ministry of Commerce and Industry Government of India issued Initiation Notification dated 09.07.2019 followed by Corrigendum Notification dated 09.07.2019 - HELD THAT - Demonstrating that the apprehension of the petitioner company was not without foundation. In the light of this development this Court was constrained to initiate suo moto contempt proceedings against the said authority by name. It would not be proper for the said authority to undertake the necessary exercise pursuant to the order dated 28.08.2018 passed in W.P.No.11116 of 2018. We are informed that there are three officers viz. Mr.Mithileshwar Thakur Mr.Satish Kumar and Ms.Shubhra all of the rank of Additional Director General in the Department who would be competent to take up the exercise pursuant to the aforestated order. The writ petition disposed off directing the Union of India the third respondent herein to choose one of the aforestated officers and appoint him/her as the designated authority to do the needful and undertake the exercise pursuant to the order dated 28.08.2018 passed in W.P.No.11116 of 2018.

Summary

Issues:
1. Interpretation of Customs Tariff Rules regarding Anti-dumping Duty
2. Authority's actions post remand order in W.P.No.11116 of 2018
3. Contempt proceedings against the Authority
4. Appointment of Designated Authority by Union of India

Analysis:
1. The case involved a writ petition by M/s. Andhra Petrochemicals Limited challenging letters from the Additional Director General (Foreign Trade) regarding filing a second petition under Customs Tariff Rules for Anti-dumping Duty despite a remand order. The Court noted the matter's context under the Customs Tariff Rules, emphasizing the authority's actions and the subsequent notifications issued by the present Additional Secretary, validating the petitioner's concerns.

2. The Court, considering the developments, initiated contempt proceedings against the said authority and directed that the necessary exercise post the remand order should not be undertaken by them. Instead, three competent officers of the rank of Additional Director General were identified for this purpose, namely Mr. Mithileshwar Thakur, Mr. Satish Kumar, and Ms. Shubhra.

3. The Assistant Solicitor General highlighted the need for the designated authority's appointment by the Union of India. Consequently, the Court disposed of the writ petition instructing the Union of India to select one of the mentioned officers as the designated authority to carry out the required actions as per the remand order within two weeks, closing any pending miscellaneous petitions accordingly. No costs were awarded in this final order.