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2002 (2) TMI 119 - HC - Customs

Issues:
Seeking directions for reasoned speaking order on imposition of anti dumping duty.

Analysis:
The petitioners, engaged in importing Styrene Butadiene Rubber, sought directions against the Ministry of Finance to provide detailed reasons for the imposition of anti-dumping duty. The Designated Authority and the Ministry of Finance were involved in the decision-making process regarding the imposition of duties on the subject goods originating from specific countries. The petitioners, along with other importers, requested a review of the duty due to the closure of the sole manufacturer in India, leading to a lack of domestic industry for the product. Despite a public hearing and submissions highlighting the absence of domestic manufacturers, the Ministry of Finance issued a final notification imposing anti-dumping duty on the subject goods. The petitioners contended that the duty was imposed without proper consideration and notification, as required under the Customs Tariff Act and Rules of 1995.

The petitioners argued that they were entitled to appeal the duty imposition to the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) only after the Ministry of Finance issued a final notification. They claimed that the Ministry of Finance failed to issue the necessary notification despite requests, preventing them from exercising their right to appeal. The respondents initially stated that the final findings had not been accepted by the Central Government, but later indicated a decision to continue with the existing levy of anti-dumping duty without providing a formal order. The High Court directed the Ministry of Finance to make a final decision within four weeks, emphasizing the necessity of a clear order regarding the continuation or discontinuation of the duty. The court disposed of the petition, leaving the petitioners to pursue appropriate legal remedies based on the Ministry's decision.

This detailed analysis of the judgment highlights the procedural irregularities in the imposition of anti-dumping duty and the court's directive to the Ministry of Finance to make a conclusive decision within a specified timeframe to address the petitioners' concerns effectively.

 

 

 

 

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