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2017 (8) TMI 1235 - HC - CustomsADD - declining to initiate a Sun Set Review (SSR) - Held that - Considering that the date of expiry of the ADD in the present case is 29th August 2017, the Court directs the Respondents to initiate the SSR in the Petitioner s case not later than 29th August, 2017. The SSR notification shall clearly state that the proceedings would be subject to the final outcome of the writ petition. As regards the question of continuation of the ADD, the Respondents seeks time for instructions. - Matter adjourned.
Issues:
Challenge to decision of Designated Authority declining to initiate a Sun Set Review (SSR) - Consideration of Anti Dumping Duty (ADD) expiration date - Continuation of ADD based on Supreme Court decision. The High Court judgment addressed the challenge to the decision of the Designated Authority (DA) declining to initiate a Sun Set Review (SSR). The Court noted that the issue was already under consideration in a previous case and had issued interim directions for initiating SSR. The Court specified that the SSR notification should state that the proceedings are subject to the final outcome of the writ petition. The Court scheduled further hearings for the related writ petitions on 6th September 2017. Regarding the Anti Dumping Duty (ADD) expiration date of 29th August 2017, the Court directed the Respondents to initiate the SSR in the Petitioner's case by that date. The Court emphasized that the proceedings would be subject to the final outcome of the writ petition. This directive was issued without prejudice to the rights and contentions of the parties and would remain in effect until further orders. In terms of the continuation of the ADD, the Petitioner's Senior Counsel referenced a Supreme Court decision in Union of India v. Kumho Petrochemicals Company Limited. The Respondents' counsel requested time for instructions on this matter. The Court listed the case for further proceedings on 29th August 2017 and ordered the issuance of the order under the signature of the Court Master.
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