2025 (4) TMI 191 - HC - Customs

Seeking implementation of anti-dumping duties in terms of the final findings dated 31st March 2023 issued by the Respondent No. 2- Ministry of Commerce and Industry Department of Commerce - extension of the anti-dumping duty on imports of high tenacity polyester yarn (goods) originating in or exported from China - HELD THAT - The stand of the Petitioner now is that the domestic industry no longer insists on the imposition of anti dumping duty in respect of the goods and therefore the Petitioner does not press the present petition. The petition is disposed of as infructuous binding the Petitioner to its stand that it no longer insists on imposition of anti dumping duty in respect of the subject goods.

Summary

**Summary of Judgement: Delhi High Court****Case Overview:**The case involves a petition filed by M/s Reliance Industries Limited under Article 226 of the Constitution of India, seeking the implementation of anti-dumping duties as per the final findings dated 31st March 2023, issued by the Ministry of Commerce and Industry, Department of Commerce.**Background:**- On 9th July 2018, anti-dumping duties were imposed for five years on high tenacity polyester yarn originating from China, based on the Department's recommendations.- An anti-circumvention investigation was initiated on 27th July 2022, following an application by the Petitioner. An oral hearing was conducted on 9th November 2022.- On 31st March 2023, the Department found that Chinese producers were circumventing existing anti-dumping duties and recommended extending these duties.**Petitioner's Position:**- The Petitioner claimed that the Central Government's failure to issue a notification within three months from the Department's final findings (as per Rule 18 of the Anti-Dumping Rules) amounted to a "deemed decision."- However, the Petitioner later stated that the domestic industry no longer insists on imposing anti-dumping duties on the goods.**Court's Decision:**- The petition was disposed of as infructuous, with the Petitioner bound to its position of not insisting on the imposition of anti-dumping duties on the subject goods.