Case Law Details
Century Plyboards (I) Ltd. And Anr Vs UOI (Guwahati High Court)
FULL TEXT OF THE JUDGMENT/ORDER of GAUHATI HIGH COURT
Heard Dr. A Saraf, learned senior counsel for the petitioners. Also heard Mr. H Gupta, learned CGC for the respondent No.1 being the Union of India and Mr. SC Keyal, learned counsel for the respondent No.2 being the Director General of Anti Dumping Duties (DGAD) as well as Mr. Pragyan Pradip Sarma for the respondent No.3 being the Gujarat State Fertilizers and Chemicals Ltd.
2. The petitioner is an importer of an article named ‘Melamine’ which is used as a raw material for the production of plyboard and other articles. The respondent No.3, Gujarat State Fertilizers and Chemicals Ltd., is a domestic industry engaged in the production of Melamine.
3. Section 9A of the Customs Tariff Act, 1975 provides that where any article is exported from any country or territory, referred to as the exporting country or territory, to India at less than its normal value, then, upon the importation of such article into India, the Central Government may, by notification in the Official Gazette, impose anti dumping duty not exceeding the margin of dumping in relation to such articles, not exceeding the margin of dumping in relation to such article. In other words, if the importer of the article concerned indulges in the import thereof at less than its normal price, such importer may be subjected to the payment of anti dumping duty. The purpose of Section 9A of the Customs Tariff Act, 1975 is to protect the domestic industries who are also engaged in the production of such article which may be imported at less than its normal value.
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