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2023 (4) TMI 976 - SCH - CustomsLevy of Anti-Dumping Duty - Failure on the part of the respondent authority to impose Anti Dumping Duty on imports of Low Density Polyethylene (LDPE) from foreign countries - HELD THAT - It is opined that the petitioner is entitled to an interim order. Accordingly we direct pending final disposal of this petition, as an interim measure, respondents shall impose a provisional Anti Dumping Duty under Section 9A (2) of the Tariff Act at the rate determined by respondent No. 2 in its Final Finding vide Notification dated 31.03.2022 published in Extraordinary Gazette of India. The levy of such Anti Dumping Duty shall be subject to final adjudication in these proceedings.
Issues involved: Failure to impose Anti Dumping Duty on imports of Low Density Polyethylene (LDPE) despite final determination of dumping and material injury to Indian Industry, non-implementation of interim orders by respondent-authority, grave irreparable injury and prejudice to Indian Manufacturers.
Judgment Summary: The Supreme Court addressed the issue of the respondent-authority's failure to impose Anti Dumping Duty on imports of Low Density Polyethylene (LDPE) despite the final determination of significant dumping and consequent material injury to the Indian Industry. The Court noted that interim orders directing provisional assessment had not been implemented by the respondent-authority, even after confirmation by the Court. The Court acknowledged the grave irreparable injury and prejudice caused to Indian Manufacturers due to the non-levy of Anti Dumping duty on a daily basis. In light of the above circumstances, the Court held that the petitioner was entitled to an interim order. Consequently, the Court directed that pending final disposal of the petition, as an interim measure, the respondents must impose a provisional Anti Dumping Duty under Section 9A (2) of the Tariff Act at the rate determined by the respondent No. 2 in its Final Finding. This levy of Anti Dumping Duty was to be subject to final adjudication in the ongoing proceedings.
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