2024 (3) TMI 510 - HC - Customs

Seeking a clarification that the petitioner s goods are excluded from the scope of the product under consideration in the notification no. 15/2023-customs (ADD) dated 22.12.2023 - HELD THAT - This petition is disposed and Respondent nos. 1 and 2 to are directed to consider the representation of the petitioner in accordance with law without being influenced by anything stated in this order.

Summary

Issues involved:
The petitioner seeks clarification on exclusion from the product under consideration in a customs notification. Lack of notice and representation during the investigation. Maintainability of the petition under Section 9C of the Custom Tariff Act 1975. Consideration of petitioner's representation by the competent authority. Provisional release of imports in the pipeline. Further remedies available to the petitioner.

Clarification sought by Petitioner:
The petitioner seeks clarification that their goods are excluded from the product under consideration in a customs notification. They argue that the product subject to antidumping investigation is different from the product they import. They claim they were not given notice during the investigation and thus had no representation.

Representation and Maintainability:
The respondent representing the domestic industry states that they were not made a party to the proceedings despite final findings being rendered at their request. Respondents 1 and 2 object to the maintainability of the petition and suggest that the petitioner's remedy lies before the Tribunal u/s 9C of the Custom Tariff Act 1975. The petitioner emphasizes the consideration of their representation submitted to the Ministry of Finance.

Decision and Directions:
The Court directs Respondents 1 and 2 to consider the petitioner's representation in accordance with the law without being influenced by the court's order. Respondent 2, having received multiple representations, assures that the petitioner's representation will be reviewed within 8 weeks. The petitioner is allowed to approach customs authorities for provisional release of imports in the pipeline, subject to consideration by the competent authorities.

Further Remedies and Reservations:
The Court clarifies that the petitioner can seek further remedies if aggrieved by any decisions taken by the respondents. It is mentioned that the Court did not address the objection to the petition's maintainability raised by the respondent, preserving all rights and contentions of the parties.