2022 (9) TMI 1401 - HC - Indian Laws

Imposition of anti-dumping duty - provisional assessment of imports - notification dated 25.08.2020 - HELD THAT - As an ad-interim measure, the following direction would suffice, as the need to impose ADD would arise only if the respondent were to succeed in the instant writ petition. The provisional assessment of imports concerning the product in issue will be made for the time being. The importers would, thus, be put to notice of the possibility of ADD being imposed, albeit as per law, if, as noticed above, the respondent were to succeed in the instant writ petition. List the matter on 02.03.2023.

Summary

Issues Involved:
1. Impleadment application seeking to file a separate substantive writ action.
2. Disagreement between the Designated Authority and the Government of India regarding the imposition of anti-dumping duty.
3. Provisional assessment of imports as an ad-interim measure pending the outcome of the writ petition.

Analysis:

1. The first issue pertains to an application seeking impleadment by Eximcorp India Pvt. Ltd. The counsel for the applicant expressed the intention to file a separate substantive writ action. The court closed the application, granting liberty to file an independent writ petition in the future. An appropriate order will be passed concerning the writ petition as per the law when filed.

2. The second issue revolves around the disagreement between the Designated Authority (DA) and the Government of India regarding the imposition of anti-dumping duty (ADD). The DA recommended ADD through a notification, but the Government disagreed, as indicated in the Office Memorandum dated 14.12.2020. The court, as an ad-interim measure, directed the provisional assessment of imports related to the product in question. Importers were notified of the potential imposition of ADD if the respondent succeeds in the writ petition. However, it was clarified that this direction does not create equities in favor of the respondent and will not impact the merits of the writ petition.

3. The third issue addressed the provisional assessment of imports as a temporary measure pending the outcome of the writ petition. The court disposed of the relevant application in the stated terms and scheduled the matter for further listing on a specific date in 2023. This interim measure aims to address the potential imposition of ADD based on the outcome of the ongoing legal proceedings without prejudicing the rights of the parties involved.