Representation from all India Saccharin manufacturing Association - implementation of Hon’ble Gujarat High Court order dated 07.02.2018 in Special Civil Application No. 1399 of 2018 - Customs - PUBLIC NOTICE NO. 23/2018

OFFICE OF THE COMMISSIONER OF CUSTOMS NEW CUSTOMS HOUSE, PANAMBUR, MANGALURU 575 010 www.customsmangalore.gov.in Phone No: 0824-2408164 E-Mail ID: [email protected] Fax No: 0824-2407100 F.No. S-26/27/2018 Cus Tech Date: 19.11.2018 PUBLIC NOTICE NO. 23/2018 Subject: Representation from all India Saccharin manufacturing Association - implementation of Hon ble Gujarat High Court order dated 07.02.2018 in Special Civil Application No. 1399 of 2018 -reg. Attention is invited to the Board s Instruction No. 18/2018- Customs dated 25.10.2018 issued vide file F.No.354/54/2006-TRU (Pt-III), referring to the Civil Notice dated 12.02.2018 in the Special Civil Application No. 1399/2018 in the Hon ble High Court of Gujarat. 2.1 Vide notification No. 41/2007 -Customs (ADD) dated 19.03.2007, anti-dumping duty on Saccharin originating in and exported from China PR was imposed for five years. These duties were extended vide notification No. 7/2012-Customs (ADD) dated 13.01.2012 for a period of five year following a sunset review initiated by the Director General of Trade Remedies (DGTR). 2.2 Subsequently, the petitioner Shree Vardayini Chemical Industries Pvt. Ltd had filed a petition seeking extension of anti-dumping duty. Accordingly, the DGTR had initiated the investigation vide notification No. 15/23/2016-DGAD dated 30.12.2017. After concluding investigation, the DGTR issued final findings vide notification No.15/23/2016-DGAD dated 30.12.2017 holding that there was no justification for further continuation of anti-dumping duty, largely because anti-dumping duty has been in force for ten years and has served the intended purpose for which anti-dumping duty was imposed. 3. The petitioner Shree Vardayini Chemical Industries Pvt. Ltd., aggrieved from the final findings of the DGTR, had filed a Special Civil Application No. 1399 of 2018 before the High Court of Gujarat. The Hon ble High Court of Gujarat vide civil notice has directed that: goods that may be given clearance are accounted for and there should be information to the importer that a litigation is pending in form of this petition and as the Court has issued notice, the clearance in absence of any protection would be viewed in proper prospective in light of the contention raised in the petition and subject to result of this petition . 4. The trade and importers are informed that, in the case of import of Saccharin originating in and exported from China PR, the directions of the Hon ble High Court of Gujarat passed vide Order dated 07.02.2018 in Special Civil Application No. 1399 of 2018 are applicable. 5. Difficulties if any, faced in the implementation of this Public Notice may be brought to the notice of this office. Sd/- (P.C.BROKAR) COMMISSIONER