Gujarat HC stays Centre’s move Withdrawing Anti-Dumping Duty On PVC Flex Films imported from China

Gujarat HC stays Centre's move Withdrawing Anti-Dumping Duty On PVC Flex Films imported from China

The Gujarat High Court has stayed the centre’s move withdrawing Anti-Dumping Duty On PVC Flex Films imported from China.

The subject matter of the present litigation is one relating to the imposition of Anti-dumping duty on the imports of “PVC Flex Films.” It appears that the subject goods originate and are being imported from China in huge quantities and are being dumped in India.

At the instance of the writ applicants and others engaged in the business of manufacturing of the “PVC Flex Films”, the Union of India thought fit to issue a Notification dated 08.08.2016 imposing Anti-dumping duty on the subject goods for a period of five years.

The period of five years was to expire on 07.08.2021. Before the expiry of the said period, once again the issue was looked into by the authority concerned and by way of a fresh Notification dated 30.06.2021 extended the levy of the Anti- dumping duty for further period of six months, of course, pending the sunset review. It appears that thereafter, once again on 28.10.2021, a Notification came to be issued drawing the final conclusions and recommendation.

The Designated Authority has recommended that the Anti-dumping duty on the subject goods should be withdrawn. The writ applicants are aggrieved by such recommendation on the part of the Designated Authority to the Union. Being dissatisfied with the aforesaid conclusion and recommendation, the writ applicants preferred an Appeal before the Appellate Tribunal under Section 9C of the Customs Tariff Act, 1975 being the Appeal No.AD/52173/2021.

It appears that the appeal was filed on 23.12.2021 and is pending as on date for listing and adjudication before the Tribunal. It is also pointed out that in order to ensure expeditious hearing of the appeal and the applications for interim relief, a note was filed for urgent listing of the appeal on 13.01.2022. A request was made to constitute a Bench on 17.01.2022. Once again a request was made by filing a memo dated 19.01.2022 for urgent listing of the appeal before the CESTAT.

A bench of Justice J.B.Pardiwala and Nisha M.Thakore suggested that 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 during this period of four weeks, the Tribunal should take up the Appeals and decide them on their own merits in accordance with law.

The court held that 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.

Case: Qrex Flex Pvt. Limited V/s Union of India

Citation: R/SPECIAL CIVIL APPLICATION NO. 1622 of 2022

Click Here To Read Original Order / Judgement

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