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2022 (9) TMI 1402 - HC - Indian LawsImposition 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.
Issues:
1. Disagreement between the Designated Authority and the Government of India regarding the imposition of anti-dumping duty (ADD). Analysis: The High Court addressed the issue of disagreement between the Designated Authority (DA) and the Government of India concerning the imposition of anti-dumping duty (ADD). It was noted that the DA had recommended the imposition of ADD through a notification dated 23.11.2020, which the Government of India disagreed with as per a decision included in the Notification dated 30.12.2020. The court acknowledged the position of the domestic industry as the respondent in this case. The court, as an ad-interim measure, directed that the provisional assessment of imports related to the product in question should be conducted. This step aimed to notify importers of the potential imposition of ADD if the respondent succeeded in the writ petition. The court clarified that this direction did not create any equities in favor of the respondent and would not impact the merits of the writ petition. Additionally, the court disposed of CM No. 20503/2022 based on the terms discussed. The matter was scheduled for listing on 02.03.2023, indicating that further proceedings and decisions would be made at that time. The judgment by the High Court, delivered by Hon'ble Mr. Justice Rajiv Shakdher and Hon'ble Ms. Justice Tara Vitasta Ganju, provided a clear and specific direction regarding the provisional assessment of imports and the potential imposition of ADD, ensuring clarity and fairness in the ongoing legal process.
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