Reasons should be recorded when Central Government opines non-imposition of anti-dumping duty and designated authority recommends imposition

Indian Steel Association Vs Union of India (CESTAT Delhi)

Reasons should be recorded when Central Government opines non-imposition of anti-dumping duty and designated authority recommends imposition

Facts- The main grievance of the appellant, which is an Association of Indian Steel producer in India, is that despite the recommendation made by the designated authority in the final finding pursuant to the sunset review investigation that was initiated for imposition of anti-dumping duty on imports of colour coated/pre-painted flat products of alloy or non-alloy steel originated in or exported from China PR and European Union , the Central Government did not issue a notification for imposition of anti-dumping duty though three months expired from the date of publication of final finding.

The final findings were issued by the designated authority on 30.08.2017 and a recommendation was made to the Central Government for imposition of anti-dumping duty on the imports of the subject goods from the subject countries. On the basis of the said final findings of the designated authority, the Central Government issued a notification dated 17.10.2017 imposing anti-dumping duty for a period of 5 years w.e.f. 11.01.2017.

The domestic industry, therefore, filed an application before the designated authority for initiation of a sunset review investigation concerning imports on the subject goods originating in or exported from the subject countries. A public notice dated 26.07.2021 was thereafter issued for initiation of sunset review investigation. The period of investigation was from 01.10.2019 to 31.03.2021 and the injury examination period was from 2017 to 2020.

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