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2021 (11) TMI 620

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..... ppeal are issues which were considered by the Tribunal in JJUBILANT INGREVIA LIMITED VERSUS UNION OF INDIA, DESIGNATED AUTHORITY, DIRECTORATE GENERAL OF TRADE REMEDIES, GHW (VIETNAM) CO. LTD., M/S. GHW HOLDING COMPANY HONG KONG, SHENG LONG BIO-TEC INDIA PVT. LTD. AND UTTARA IMPEX PRIVATE LIMITED PUNE [ 2021 (11) TMI 200 - CESTAT NEW DELHI] . The decision taken by the Central Government not to impose anti-dumping duty, despite a recommendation having been made by the designated authority for an imposition of anti-dumping duty, was set aside by the Tribunal and the matter was remitted to the Central Government to take a fresh decision on the recommendation made by the designated authority. In the present case, the stand of the Central Gov .....

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..... d in this appeal is for setting aside the Office Memorandum dated 30.12.2020 issued by the Ministry of Finance (Department of Revenue) by which the Notification dated 21.10.2015 earlier issued imposing anti-dumping duty has been rescinded, except as respects things done or omitted to be done before such rescission. A further relief that has been claimed is for issuance of a direction to the Central Government to issue a notification for imposition of anti-dumping duty, based on the recommendation made by the designated authority in the final findings dated 23.11.2020. 3. It transpires from the records that earlier, by a notification dated 11.11.2009, the Central Government imposed anti-dumping duty on the subject goods originating in or .....

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..... he recommendation made by the designated authority and so the notification dated 30.12.2020 was issued. 6. The issues raised in this appeal are issues which were considered by the Tribunal in Jubilant Ingrevia Limited vs. Union of India and five others [Anti-Dumping Appeal No. 50461 of 2021 decided on 27.10.2021 ] The decision taken by the Central Government not to impose anti-dumping duty, despite a recommendation having been made by the designated authority for an imposition of anti-dumping duty, was set aside by the Tribunal and the matter was remitted to the Central Government to take a fresh decision on the recommendation made by the designated authority. The operative part of the order passed by the Tribunal in Jubilant Ingrevia Li .....

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