2022 (1) TMI 815 - HC - Customs

Levy of Anti- Dumping Duty - imports of D cor Paper originating in or exported from China PR - possibility of a final Notification being issued by the Central Government accepting the Final Findings of the Designated Authority and imposing Anti-Dumping Duty - seeking to amend the writ petition in terms of the Draft Amendment at Annexure E thereto - seeking for interim relief to stay the Notification dated 27.12.2021 - HELD THAT - The draft amendment as prayed for in the Civil Application No.1 of 2022 as per Annexure E is granted subject to rights and contentions of the Respondents. Such amendment to be carried out within one week from today. Pending hearing and final disposal of the writ petition, the writ applicant shall be permitted to clear the subject products exported to India on payment of USD 110 per metric tonne and upon furnishing a bank guarantee for the differential amount of USD 432 per metric tonne. Application disposed off.

Summary

Issues:
Challenge to Final Findings in Anti-Dumping Investigation

Analysis:
The writ applicant challenged the Final Findings issued by the Designated Authority regarding an anti-dumping investigation on "Décor Paper" from China PR. The principal ground of challenge was being treated as a non-cooperative exporter despite submitting required information. The applicant argued that non-consideration of their data led to a higher Anti-Dumping Duty compared to similar producers. The urgency was noted due to the potential issuance of a final Notification imposing the duty.

Analysis:
After issuing Notice, the Designated Authority contended that the applicant had not followed proper procedures in submitting documents and sharing information with interested parties. The Central Government later accepted the Final Findings and imposed the Anti-Dumping Duty recommended by the Designated Authority. The applicant sought to amend the petition and requested interim relief to stay the Notification.

Analysis:
During the hearing, the applicant's counsel reserved contentions against the Anti-Dumping Duty but highlighted the unfair treatment compared to other manufacturers. The applicant offered to deposit a lower duty amount and provide a bank guarantee for the differential. The Respondent-Union of India suggested the applicant make representations to the authorities to address grievances and provide necessary details for consideration.

Analysis:
The Court granted the draft amendment and allowed the applicant to clear products on payment of a reduced duty amount with a bank guarantee for the difference. The applicant was instructed to make representations with supporting documents, and the authorities would decide on the Anti-Dumping Duty for the applicant's products. The order was made without prejudice to the rights of all parties involved.

Analysis:
The Civil Application was disposed of, and the newly added party was given time to file a reply. The main matter was listed for further proceedings on a specified date.