Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Customs Tariff Act Anti-dumping duty |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Customs Tariff Act, 1975; Section 9A/Customs Tariff (identification, Assessment and Collection of Anti-dumping duty on Dumped Articles and for determination of injuries) Rules, 1995; Annexure 1 to the Rules; Notification dated 15.7.99 and 31.5.2001 notifying amendments in Annexure-I: Anti-dumping duty-Filing of petition by respondents/domestic industry for initiation of anti-dumping investigation against foreign companies-Designated Authority held that anti-dumping duty not leviable 'as dumping margin was negative-Challenge to-imposing anti-dumping duty, Tribunal observed that the Designated Authority had failed to conduct the normal value investigation in accordance with the Rules-On appeal- held: Sufficient material furnished by the foreign-company to justify that it was operating in accordance with market conditions-Tribunal imposed duty on the foreign company without examining the injury, if any, caused to the domestic industry by the foreign companies-Finding of the Tribunal is erroneous, hence set aside. 'Normal value '-Meaning of in the context of anti-dumping duty. The question which arose for determination in this appeal was as to whether the appellant, a foreign company, manufacturer and exporter of lead acid batteries in India, operated on Market Economy Principles for the purpose of levy of anti-dumping duty under the Customs Tariff Act and the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injuries) Rules, 1955. Appellant-foreign company contended that since the Designated Authority did not follow the procedure prescribed either under paragraph 7 or paragraph 8 of the Annexure 1 to the Rules, it could not subsequently follow the same provisions for the purpose of levying anti-dumping duty without serving them any notices. Respondents submitted that China was in fact a non-market economy and there was no question of applying paragraph 8 of the Annexure 1 to the Rules as introduced by the second notification for amendment in the Rules as the period of investigation was prior to the issuance of that notification; that since non-market economy had to be decided country-wise, any individual foreign company could not be separately represented; and that since the normal value of a non-market economy is country specific, uniform rate was applicable to all exporters and it was not open to appellant, an individual foreign company to claim that it was run according to market economy principles. |
Judge | Hon'ble Ms. Justice Ruma Pal |
Neutral Citation | 2005 INSC 98 |
Petitioner | Shenyang Mastsushit S. Battery Co. Ltd. |
Respondent | M/s. Exide Industries Ltd. And Ors. |
SCR | [2005] 2 S.C.R. 332 |
Judgement Date | 2005-02-23 |
Case Number | 6371 |
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