2024 (12) TMI 1209 - SCH - Customs

Imposition of ADD - grievance raised by appellant is that despite a recommendation having being made by the designated authority in the final findings notified on 16.02.2022 for imposition of anti-dumping duty under section 9A of the Customs Tariff Act 1975, the Central Government did not issue the notification for imposition of anti-dumping duty - violation of principles of natural justice - it is held by CESTAT that ' The office memorandum dated 26.05.2022 is set aside and the matter is remitted to the Central Government to reconsider the recommendation made by the designated authority in the final findings'. HELD THAT - It is pointed out by the learned counsel for the petitioner that the domestic industries have given up their right in terms of the recommendation made by the Directorate General of Trade Remedies, Department of Commerce, Ministry of Commerce and Industry, Government of India, in the Notification (Final Findings) F.No. 6/46/2020-DGTR dated 23.09.2021 for imposition of anti-dumping duty under Section 9A of the Customs Tariff Act, 1975 made by the designated authority, as well as, their claims on the basis of the order passed by the Customs, Excise and Service Tax Appellate Tribunal, Principal Bench, New Delhi. In view of the statement made, the special leave petition is dismissed as infructuous.

Summary

The Supreme Court dismissed the special leave petition as infructuous because the domestic industries gave up their rights regarding the imposition of anti-dumping duty under Section 9A of the Customs Tariff Act, 1975.