2025 (4) TMI 1580 - HC - Customs

Anti-dumping investigation - Condonation of Delay in filing of response - technical delay of 19 minutes in submission - Imports of Plastic Processing Machines originating or exported from China and Taiwan - HELD THAT - The Court has seen the email dated 4th November 2024. Considering that in such matters the investigation has to be comprehensive and the Petitioners have already been permitted to participate in the proceedings. A few minutes delay in the exporters questionnaire response cannot oust the Petitioners response from being heard and participating fully in the proceedings. In terms of the facts of the present case the response to the questionnaire is directed to be taken on record. The delay if any in filing the same is condoned. The enquiry shall now proceed in accordance with law. Petition disposed off.

Summary

The Delhi High Court, through Justices Prathiba M. Singh and Dharmesh Sharma, addressed a petition challenging the rejection of the Petitioners' questionnaire response in an anti-dumping investigation by the Directorate General of Trade Remedies (DGTR). The DGTR had initiated an investigation into imports of Plastic Processing Machines from China and Taiwan (Notification No. 6/09/2024-DHTR, dated 29 March 2024). The Petitioners submitted their questionnaire response 19 minutes late (at 12:19 AM on 18 August 2024, past the 17 August deadline), leading Respondent No. 3 to reject it as time barred via email dated 4 November 2024.The Court emphasized that "a few minutes' delay in the exporters' questionnaire response cannot oust the Petitioners' response from being heard and participating fully in the proceedings," especially since the Petitioners had already participated in public hearings. The Court held that the delay is condoned and directed that the response be taken on record, allowing the enquiry to proceed "in accordance with law." The petition was disposed of accordingly.