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Case Law Details

Case Name : Chemical And Petrochemical Manufacturer Association (CPMA) & ANR. Vs Union Of India (Supreme Court of India)
Appeal Number : Writ Petition(s) (Civil) No(s). 440/2023
Date of Judgement/Order : 13/04/2023
Related Assessment Year :

Chemical And Petrochemical Manufacturer Association Vs Union Of India (Supreme Court of India)

Mr. M.K. Maroria, learned AOR accepts and waives formal notice. Let counter affidavit be filed on the behalf of the respondents within four weeks. Rejoinder Affidavit, if any, may be filed within two weeks thereafter.

Mr. Vikramjeet Banerjee, Ld. ASG appearing on behalf of the Union of India very vehemently opposes the grant of interim order, prayed for by the petitioner.

The issue involved is failure on the part of the respondent–authority to impose Anti Dumping Duty on imports of Low Density Polyethylene (LDPE) from foreign countries despite final determination of significant dumping and consequent material injury to the Indian Industry by the designated authority-Respondent no. 1 in its report Final Finding dated 31.03.2022. We also take note of the fact that interim order granted by various High Courts in such matters directing provisional assessment have not been implemented by respondent-authority despite confirmation of the said order by this court by dismissal of the challenge made to the interim orders by respondent–Union of India.

We have also taken note of the averments that the non levy of Anti Dumping duty is causing grave irreparable injury and prejudice to the Indian Manufactures on a daily basis.

In the aforesaid facts and circumstances we are of the consider opinion that the petitioner is entitled to an interim order. Accordingly we direct pending final disposal of this petition, as an interim measure, respondents shall impose a provisional Anti Dumping Duty under Section 9A (2) of the Tariff Act at the rate determined by respondent No. 2 in its Final Finding vide

Notification dated 31.03.2022 published in Extraordinary Gazette of India. The levy of such Anti Dumping Duty shall be subject to final adjudication in these proceedings.

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