2021 (6) TMI 474 - HC - Customs

Anti-Dumping Duty - imports of solar cells, whether or not assembled into modules/panels - exported from China PR, Thailand and Vietnam - HELD THAT - The matter requires further examination; but before that Indian Solar Manufacturers Association (ISMA) is arrayed as a party to the proceedings. List the matter on 19.07.2021.

Summary

Issues:
1. Exemption from court fees, welfare stamp, and attested affidavit.
2. Challenge to anti-dumping investigation notification for solar cells.
3. Data discrepancies and errors in the investigation.
4. Requirements for initiating an investigation.
5. Inclusion of Indian Solar Manufacturers Association (ISMA) as a party.

Exemption from Court Fees, Welfare Stamp, and Attested Affidavit:
The court allowed the application subject to exceptions, directing the petitioner to file the attested affidavit, welfare stamp, and deposit the court fee within three days of the court returning to normal work patterns.

Challenge to Anti-Dumping Investigation Notification:
The writ petition challenges a notification initiating an anti-dumping investigation on imports of solar cells from China PR, Thailand, and Vietnam. The petitioner raised concerns about data discrepancies, errors in the investigation, and the need for additional information regarding solar modules/panels manufacturers.

Data Discrepancies and Errors in the Investigation:
The petitioner argued that the investigation focused only on solar cells, not modules/panels, and highlighted errors in the domestic industry's capacity utilization data. They also contended that relevant data about solar modules/panels manufacturers was not considered, leading to incorrect conclusions by respondent no. 2.

Requirements for Initiating an Investigation:
The petitioner emphasized the need to meet certain criteria to initiate an investigation, including not being related to the exporter/importer of the alleged dumped articles. They pointed out specific instances where these criteria were not met, such as the import of dumped articles by one of the applicants.

Inclusion of Indian Solar Manufacturers Association (ISMA) as a Party:
The court decided to include ISMA as a party to the proceedings after it was noted that they had not been impleaded initially. The petitioner had no objections to this decision, and ISMA was ordered to be arrayed as respondent no. 3. The petitioner was directed to file an amended memo of parties within two weeks.

This detailed analysis of the judgment covers the exemption granted, the challenges to the anti-dumping investigation notification, the discrepancies in the investigation data, the requirements for initiating such investigations, and the decision to include ISMA as a party to the proceedings.