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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 ..... e notification so as to extend the period of levy of anti-dumping duty under customs Notification No.38/2021 dated June 30, 2021, until disposal of Appeal No.AD/52173/2021 by the Hon'ble CESTAT or such other time as deemed appropriate by this Hon'ble Court; and D. Ex parte ad interim and / or interim relief in terms of prayer 25 (C) be granted; and E. For cost; and F. Such other and further orders as may be considered fit and expedient in the facts of the case be passed." 2 We need not delve much into the facts giving rise to this writ litigation as the order passed by this Court dated 25th January 2022 makes the picture more than clear as regards the controversy between the parties. The order dated 25th January 2022 reads thus: "1. Draft amendment allowed. The necessary incorporation shall be carried out at the earliest. One set of the entire amended petition shall be furnished at the earliest to Mr. Devang Vyas, the learned Additional Solicitor General of India appearing for the Union. 2. We have heard Mr. Mihir Joshi, the learned Senior Counsel assisted by Mr. Veena Kher and Ms. Gargi R. Vyas, the learned counsel appearing for the writ applicants and Mr. Devang V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nuation/recurrence of dumping and injury cannot be made on the basis of this report. d. Even though there is continued dumping of the subject goods from China PR, the likelihood of continuation/recurrence of injury to the domestic industry in the event of revocation of duty could not be conclusively established due to lack of sufficient independent corroborative evidence. e. Therefore, based on examination of information on record, it is concluded that there is no justification for recommending continuation of anti-dumping duty in the present investigation. N. RECOMMENDATION 105. In view of above, the Authority considers it appropriate to recommend withdrawal of anti-dumping duty on import of subject goods from the subject country recommended vide Notification No.15/13/2015-DGAD dated 30th June, 2016 and enforced vide Customs Notification No. 42/2016-Customs (ADD) dated 8th August 2016 and further extended vide Customs notification No38/2011-Customs (ADD) dated 30th June 2021 till 31st January 2022." 6. Thus, it appears that the Designated Authority has now recommended that the Anti-dumping duty on the subject goods should be withdrawn. The writ applicants are aggrie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om the authority concerned in this regard and revert to the Court day after tomorrow. 10. There is no problem in keeping this matter day after tomorrow but, the Notification dated 24.01.2022 shall remain stayed from its operation till day after tomorrow. Further orders shall be passed day after tomorrow subject to what Mr. Vyas has to say further in the matter. 11. One copy of this order shall be furnished at the earliest to Mr. Vyas, the learned ASG for his onward communication. 12. Post this matter for further hearing day after tomorrow i.e. 27.01.2022 on top of the Board." 3 Today, when the matter was taken up for further hearing, we inquired with Mr. Devang Vyas, the learned Additional Solicitor General of India as to whether he has received any instructions from his client. Mr. Vyas has provided us with a short note. The note reads thus: "Product under consideration or subject goods : PVC Flex Films Subject country: China PR Background of the case: (1) The Designated Authority initiated the original anti-dumping investigation with respect to subject goods originating in or exported from China PR on 1st February 2010. (2) Provisional anti-dumping duty w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ort 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 suspicious because neither the name of the author/publishing agency which has prepared this report has been monitored nor is there any reference to the original source of data cited in the report. Therefore, any conclusion with regard to likelihood of continuation/recurrence of dumping and injury cannot be made on the basis of this report. d) Even though there is continued dumping of the subject goods from China PR, the likelihood of continuation/recurrence of injury to the domestic industry in the event of revocation of duty could not be conclusively established due to lack of sufficient independent corroborative evidence. e) Therefore, based on examination of information on record, it is concluded that there is no justification for recommending continuation of anti-dumping duty in the present investigation. (9) The Ministry of Finance vide Notification No. 3/2022-Customs ADD dated 24th January 2022 revoked the anti-dumping duty on PVC Flex Fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... June 2021, may also remain in operation for a period of six weeks. According to Mr. Joshi, this arrangement would be quite equitable so as to protect the interest of both the sides. The Association may also get an opportunity of getting their appeals heard before the Tribunal by that time and with an appropriate order that the Tribunal may pass, the Union may also come to know as to where they stand. 7 Having heard the learned counsel appearing for the parties and having gone through the materials on record, we are of the view, more particularly, in the peculiar facts and circumstances of the case, that we should continue the stay of the operation of the Notification dated 24th January 2022 till a further period of six weeks, and at the same time, also order that the Notification dated 8th August 2016, as extended by the Notification dated 30th June 2021, shall remain in operation for a period of six weeks. During this interregnum period of six weeks, we expect the Special Bench of the Tribunal to take up the appeals for hearing and dispose them of in accordance with law before the period of six weeks comes to an end. We are of the view that a litigant should not suffer because t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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