2020 (12) TMI 537 - HC - Customs

Anti Dumping Duty - legality and validity of the disclosure statement issued by the respondent - imports of a product called 'pyrazolone' - HELD THAT - We have to our advantage the benefit of the appearance of Mr. Devang Vyas, the learned Additional Solicitor General of India on an advance copy served to him by the writ applicant. According to Mr. Vyas, the Designated Authority has convened a meeting today i.e. on 09.12.2020 at 3'o clock to discuss the matter further. Mr.Vyas would submit that the writ applicant should appear today before the Designated Authority at 3'o clock and point out what type of information or other details, the writ applicant requires, so as to represent its case in a better and effective manner. The writ applicant or any authorized representative of the writ applicant shall appear today before the Designated Authority at 3'o clock and point out what type of further information or details are required, so that on the basis of the same, the writ applicant can effectively represent its case on the issue in question. The Designated Authority may hear the writ applicant on this aspect and make an endevour to resolve this controversy by furnishing the necessary details, if otherwise, there is no legal impediment coming in the way of the Designated Authority in furnishing such information. Prima facie, we are of the view that, the issue raised in this writ application does not require any serious adjudication. The issue can be resolved amicably. This matter adjourned upto the next week. Post the matter on 16.12.2020 .

Summary

Issues:
Challenge to legality and validity of disclosure statement in Anti Dumping investigation.

Analysis:
The judgment concerns a writ application challenging the legality and validity of a disclosure statement issued by respondent No.2 in an ongoing Anti Dumping investigation on the imports of a product called 'pyrazolone' originating from China. The writ applicant, represented by Ms. Gargi Vyas, argued that the disclosure statement lacked essential particulars and information necessary for effective representation before the Designated Authority. The preliminary investigation indicated dumping of the product, prompting the need for the writ applicant to present its case based on the information provided. Ms. Vyas highlighted the insufficiency of the disclosure statement and requested additional details to be furnished.

Mr. Devang Vyas, representing the Additional Solicitor General of India, informed the court that the Designated Authority had scheduled a meeting to discuss the matter further. He suggested that the writ applicant should attend the meeting to specify the required information for effective representation. Mr. Vyas emphasized the upcoming deadline for the writ applicant to respond to the issue, after which a report on the levy of Anti-Dumping duty would be prepared for government consideration. The court directed the writ applicant or its authorized representative to attend the meeting and communicate the necessary information needs to the Designated Authority for resolving the controversy amicably. The court expressed the view that the issue did not necessitate serious adjudication and could be settled through cooperation.

Consequently, the court adjourned the matter to the following week and instructed the writ applicant to participate in the meeting convened by the Designated Authority. The court requested Mr. Devang Vyas to promptly communicate the order to the Designated Authority to ensure the smooth conduct of the meeting. The developments in the case were scheduled to be reported during the next hearing on 16.12.2020 due to time constraints preventing immediate transfer of the order.