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TMI Blog2003 (11) TMI 319X X X X Extracts X X X X X X X X Extracts X X X X ..... getable oils would not be permitted in terms of Rules of Origin under FTA. - 5445 of 2003 - - - Dated:- 28-11-2003 - D.K. Jain and Madan B. Lokur, JJ. S/Shri Jayant Bhushan, Sr. Advocate with Reetesh Singh, Advocate, for the Petitioner. S/Shri Aman Lekhi with Harish Pandey, Advocates, for the Respondent. [Order]. - By this writ petition, the U.P. Vanaspati Producers' Association se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... material with the stipulation that at least 25% raw material has to be from domestic market, as per the provisions of Vegetable Oil Products (Regulation) Order, 1998, on the other, the same manufacturer in Sri Lanka under the FTA has neither to pay any import duty for import of raw material into Sri Lanka nor has he to pay import duty when the final product is exported to India. The apprehension ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e imports of vegetable oils would not be permitted in terms of Rules of Origin under FTA. To refute the allegation that the government has not taken any action to redress the grievances of the petitioners, reliance is placed on a letter dated 18 July 2003, addressed by the Secretary, Ministry of Commerce and Industry, Govt. of India to his counterpart in the Govt. of Democratic Socialistic Republi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and will necessarily have to be imported from third countries. In view of the facts stated above, we are of the firm opinion that the prescribed value addition norms cannot be fulfilled by vanaspati industry in Sri Lanka. This would require special care to be taken by the authorities issuing certificate regarding origin. Imports of vanaspati which would not satisfy the origin requirement would n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e domestic vanaspati producers are not at all affected by the FTA. In view of the categorical stand of the Government of India in the affidavit, briefly referred to above, we are of the view that as at present when imports of edible oil from Sri Lanka are negligible, there is no "threat of serious injury" to the petitioners under the FTA, warranting action under Article 11(6) of the FTA. 5. In t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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