Anti-dumping duty - sunset review - Expiry of old notification, ...

Supreme Court clarifies no need for new notification during existing anti-dumping duty period under Tariff Act Section 9A(5).

May 31, 2022

Case Laws     Customs     AT

Anti-dumping duty - sunset review - Expiry of old notification, extension of existing duty for further one year and rescinding of anti-duty notification on the recommendation of designated authority - The Supreme Court emphasized that the vacuum would be only during the interregnum beyond the period of one year and till the issuance of fresh notification by the Central Government. It, therefore, follows that there is no requirement that a notification has to be issued by the Central Government under the first proviso to section 9A(5) of the Tariff Act only during the lifetime of the earlier notification imposing anti-dumping duty for a period of five years. - AT

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