Case Law Details
Chemical and Petrochemicals Manufactures Association Vs Union of India (CESTAT Delhi)
CESTAT Delhi set aside the office memorandum for reconsideration of recommendation made by designated authority for imposition of provisional anti-dumping duty.
Facts- The grievance raised by the appellant, which is a domestic industry, is that despite a recommendation having being made by the designated authority in the final findings notified on 31.03.2022 for imposition of anti-dumping duty under section 9A of the Customs Tariff Act 19751 , the Central Government did not issue the notification for imposition of anti-dumping duty.
The relief, therefore, that has been claimed in the appeal is that the office memorandum dated 06.06.2022 issued by the Ministry of Finance, Department of Revenue, Tax Research Unit conveying the decision of the Central Government not to impose anti-dumping duty proposed in the final findings of the designated authority be set aside and a direction be issued to the Central Government to issue a notification for imposition of antidumping duty, based on the recommendation made by the designated authority.
The appellant had filed an application before the designated authority for initiation of antidumping investigation under the provisions of the Tariff Act and the Customs Tariff (Identification, Assessment and Collection of AntiDumping Duty on Dumped Articles and for Determination of Injury) Rules, 19952 on imports of Low Density Polyethylene originating in or exported from Qatar, Saudi Arabia, Singapore, Thailand, United Arab Emirates and United States of America.
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