Union of India Vs Apcotex Industries Limited (Delhi High Court)
Delhi High Court disposed of writ petitions as domestic industry no longer presses for imposition of Anti-Dumping Duty [ADD]. Thus, writ petitions are disposed of as having been rendered infructuous.
Facts- The Respondents in these petitions who are stated to be the domestic industry, had filed their respective applications before the Directorate General of Trade Remedies praying for imposition of Anti-Dumping Duty in terms of the Customs Tariff Act, 1975 and Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 in respect of various products.
Notably, the definitive ADD was then imposed vide respective Customs notifications issued in various cases. After the imposition of the ADD, a sunset review was undertaken by the Designated Authority, DGTR in order to examine the effect of the imposition of ADD. Final findings were rendered in the sunset review, wherein the Designated Authority, DGTR came to the conclusion that the ADD deserves to be continued. However, the Central Government, on this occasion, did not accept the recommendations of the DGTR and hence the ADD was set aside in the respective cases.
Conclusion- Held that the domestic industry no longer presses for imposition of ADD. The respective Office Memorandums, therefore, are no longer challenged by the domestic industry. The question of law raised by the Union of India e., as to whether CESTAT has jurisdiction to set aside an Office Memorandum or not, would therefore become moot in this background. Under these facts and circumstances, the stand of the Respondents, i.e., the domestic industry is accepted. The present writ petitions are disposed of as having been rendered infructuous, in view of the stand of the Respondents-domestic industry.
