Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Anti Dumping Customs Tariff |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Customs Tariff Act, 1975 (51 of 1975) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | .Customs Tariff (Identification, Assessment and Collection ofAnti-dumping Duty on Dumped Article and for Determination ofInjury) Rules, 1995 – 2(b) and 2(d) – Customs Tariff Act, 1975 –s.9A – The Respondent asserted that there was dumping of Butanolby Saudi Arabia and sought imposition of anti-dumping duty – TheDesignated Authority (DA) in its findings did not consider itappropriate to recommend levy of Anti-Dumping duty on the subjectgoods from Saudi Arabia and terminated the investigation – VariousWrit Petitions were filed by respondent before the High Court fromtime to time – Before the High Court, the respondent contended thatit was a producer of 2-EH which is a ‘like article’ to 2-PH and INAand it satisfied the criteria u/r. 2(b) r/2. r. 2(d) of the Rules, 1995 tofile for imposition of anti-dumping duty – The first writ petitionfiled by the respondent was allowed by the High Court and directedfresh evaluation – However, DA declined to initiate anti-dumpinginvestigation vide its order dated 05.03.2018 – In second writpetition, by order dated 28.08.2018 the High Court set aside theorder dated 05.03.2018 and directed the DA to take steps forinitiating investigation to determine the anti-dumping in respect ofimport of INA – Pursuant thereto, the DA issued notices and alsosought updated data from the respondent as its initial applicationwas in 2016 – Another writ petition was filed by the respondentagainst the said order – In view of certain observations by the HighCourt, the DA was constrained to issue notice of investigation andit also enlarged the period of investigation – By order dated22.07.2019, the High Court initiated suo motu contempt petitionproceedings against DA for disobedience of its order dated28.08.2018 and also ordered the replacement of the incumbent DA– According to the High Court, the action of DA seeking to enlargethe period of investigation in the second remand order when it didnot find any such necessity in relation to the first remand orderclearly indicated its lack of bonafides – Before the Supreme Court,it was contended that DA acted within the framework of the lawand the consideration of contemporaneous if not the latest data isa pre-condition for launch of valid investigation by the DA – Held:The DA, no doubt, follows a prescribed quasi-judicial procedurewhere a determination on whether to impose or not to impose anti-dumping duty takes place – In the instant case, DA having regardto Para 5.9 of the Manual of Operation for Trade RemedyInvestigations (Period of Investigation and Injury Investigationperiod) required the respondent to furnish relatively contemporarydata – Such action cannot be termed as arbitrary – The impugnedorders were plainly erroneous in chastising the DA – Thus, theimpugned orders of the High Court dated 28.08.2018, 22.07.2019and the order directing replacement of the incumbent DA are setaside.Judicial Review – Findings of Designated Authority – TheConstitution arms the High Courts and this court with powers underArticles 226 and 32 – At the same time, barring exceptional featuresnecessitating intervention in an ongoing investigation triggered bya complaint by the concerned domestic industry, judicial reviewshould not be exercised virtually as a continuous oversight of theDA’s functions – Supreme Court has cautioned more than once,that judicial review is to be exercised in a circumspect manner,especially where final findings are rendered by the DA – Anti-dumping.. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2020 INSC 526 |
Petitioner | The Designated Authority And Ors. |
Respondent | M/s. The Andhra Petrochemicals Limited |
SCR | [2020] 7 S.C.R. 1158 |
Judgement Date | 2020-09-01 |
Case Number | 3046 |
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