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. 36/2018-19

MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, CENTRAL BOARD OF INDIRECT TAX AND CUSTOMS, OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, MUNDRA PORT SEZ, KUTCH, GUJARAT-370421 F. No. VIII/48-41/PN/AG/CHM/2018-19 Dated:- 26/11/2018 PUBLIC NOTICE NO. 36/2018-19 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 of all Importers/ Exporters, Custom Brokers, Members of the Trade and all other concerned is invited to the Civil Notice dated 12.02.2018 in the Special Civil Application NO. 1399 / 2018 in the Hon'ble High Court of Gujarat and subsequently letter no. 528/24/2017- STO (T U) dated 13.03.2018 in the regard (copy enclosed). 2. Anti-dumping duty on Saccharin originating in and exported from China PR was imposed vide Notification No. 41/2007- Customs (ADD) dated 19.03.2007 for five years. These duties were extended vide Notification No. 07/2012 - Customs (ADD) dated 13.01.2012 for five years following a sunset review initiated by the Director General of Trade Remedies (DGTR). 3. Subsequently, petitioner Shree Vardayini Chemical Industreis Pvt. Ltd. had filed a petition seeding extension of anti-dumping duty. Accordingly, the DGTR had initiated the investigation vide Notification No. 15/23/2016- DGAD dated 30.12.2017. After conducting investigations, the DGTR issued final findings 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. 4. 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 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 litigation is pending in form Of this petition and the Court has issued notice, the contention raised in the petition and subject to result of this petition. 5. Hence, it is therefore requested to follow the directions of the Hon ble High Court of Gujarat and letter issued by Tariff Unit. 6. Difficulties if any, in implementation of these instructions may be brought to the notice of the undersigned. (Sanjay Kumar Agarwal)