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TMI Blog2022 (2) TMI 266X X X X Extracts X X X X X X X X Extracts X X X X ..... lication is disposed off with a direction that the Notification dated 24th January 2022 shall remain stayed from its operation for a period six weeks from today, and at the same time, the operation of the Notification dated 8th August 2016, as extended by the Notification dated 30th June 2021, shall continue for a period of six weeks. - R/SPECIAL CIVIL APPLICATION NO. 1622 of 2022 - - - Dated:- 27-1-2022 - HONOURABLE MR. JUSTICE J.B.PARDIWALA AND HONOURABLE MS. JUSTICE NISHA M. THAKORE MR MIHIR JOSHI, SENIOR COUNSEL WITH MS GARGI R VYAS FOR THE PETITIONER MR DEVANG VYAS FOR THE RESPONDENT ORDER PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA 1 By this writ application under Article 226 of the Constitution of India, the writ applicants have prayed for the following reliefs: A. This Hon ble Court be pleased to direct the Hon ble CESTAT to take up Appeal No.AD/52173/2021 before January 31, 2022, or such period as may be deemed appropriate by this Hon ble Court; B. In the alternative, this Hon ble Court be pleased to quash and set aside impugned final findings No.F./ No.7/04/2021 DGTR dated October 28, 2021 issued by the respondent No.2 and ann ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 021, a Notification came to be issued drawing the final conclusions and recommendation as under: M. CONCLUSION 104. Having regard to the contentions raised, information provided, submissions made and facts available before the Authority as recorded in these findings and on the basis of the determination of dumping and consequent injury to the domestic industry made hereinabove, the Authority concludes that: a. The volume of imports of subject goods from China PR has declined significantly both in absolute and relative terms. The imports of subject goods from China PR has been less than 1% of the Indian demand and Indian production from 2018-19 onwards. b. The Authority notes that the decline in the performance of the domestic industry, therefore, is not attributable to the dumped imports, as admitted by the domestic industry itself too. c. The reliability and authenticity of the Report of Special Research and Investment Feasibility Assessment on China Polyvinyl Chloride Flexible Film/Sheet Market 2021-2025 relied upon by the domestic industry to establish the likelihood of continuation/recurrence of injury is suspect because neither the name of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eking interim relief. In the meantime, a further development seems to have taken place in the form of a Notification No.3/2022/Custom-(ADD) dated 24.01.2022. With this Notification every thing comes to an end. Now, there would not be any levy of Antidumping duty. The operation of the Notification dated 08.08.2016 was otherwise came to an end on 31.01.2022, but, by way of the aforesaid Notification dated 24.01.2022, it has been brought to an end seven days earlier. It is in such circumstances that the writ applicants had to file a draft amendment which has been allowed today. 8. We have a suggestion to be put forward before the learned Additional Solicitor General of India appearing for the Union. Since an Appeal has already been filed before the Tribunal, it will be in the fitness of the things if the Tribunal hears the Appeal and decides the same on its own merits in accordance with law. However, till the time the Tribunal decides, we may stay the operation of the Notification No.3/2022/Custom-(ADD) dated 24.01.2022 for a period of six weeks from today and also extend the operation of the Notification dated 08.08.2016 for a period of six weeks. What is in our mind is that du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the Applicants or domestic industry ), Authority initiated second sunset review vide Notification No. 7/04/2021-DGTR dated 24th March 2021. (6) After initiation of the sunset review and pending the completion of the sunset review, the Central Government extended the anti-dumping duty on the imports of the subject goods originating in or exported from subject country up to 31st January 2022 vide Notification No. 38/2021- Customs (ADD) dated 30th June 2021. (7) The Designated Authority vide Final Findings No. AD (SSR) - 04/2021 dated 28th October 2021 recommended withdrawal of antidumping duty on import of subject goods from the subject country imposed vide Customs Notification No. 42/2016Customs (ADD) dated 8th August 2016 and as extended vide Customs Notification No. 38/2021-Customs (ADD) dated 30th June 2021 till 31st January 2022. (8) The Designated Authority vide its Final Findings dated 28.10.2021 recommended withdrawal of anti-dumping duty after detailed investigation and concluded that: a) The volume of imports from subject goods from China PR has declined significantly both in absolute terms and relative terms. The imports of subject goods fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... copy of the aforesaid note has also been furnished to Mr. Joshi, the learned Senior Counsel appearing for the writ applicants. 5 It appears that the stance of the respondent No.1 is that this Court should not stay the Notification No.3/2022-Customs(ADD) dated 24th January 2022 or extend the anti-dumping duty beyond 31st January 2022. Mr. Vyas would submit that if the Notification is stayed or the anti-dumping duty is extended beyond 31st January 2022, the same may lead to irrepairable injury to the downstream industry and the consumers. He would also submit that the decision to do away with the anti-dumping duty would not even otherwise preclude the domestic industry from filing a fresh application seeking initiation of investigation on the import of the subject goods from the subject country. 6 Mr. Joshi, the learned Senior Counsel would submit that if the Tribunal is not in a position to hear the appeals filed by the Association and are not in a position to obtain any interim relief in such appeals just because the Special Bench of the Tribunal is not available, the same may cause irrepairable injury to the members of the Association engaged in the manufacturing of the subj ..... X X X X Extracts X X X X X X X X Extracts X X X X
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