AHMEDABAD: Hearing a case of anti-dumping duty levied on Chinese goods, a bench of the Gujarat High Court on Tuesday passed a observation whether you love or hate china, you can’t ignore it.
The High Court has temporarily stayed the implementation of the notification issued on Monday setting aside the decision to impose anti-dumping duty on PVC flex films imported from China.
bench of justice jb pardiwala and justice Nisha Thakur was hearing a petition filed by a Curex Flex Private Limited Against the withdrawal of anti-dumping duty on Chinese goods by the Designated Authority.
The judges asked the central government whether there could be a uniform policy on the issue. The court was informed that the law mandates a quasi-judicial inquiry and review into the matter. On frustration by local industries against the repeal of the anti-dumping duty, the judges remarked, “At the end of the day, would you love china Or hate China, one thing is certain that you cannot ignore China.”
According to the details of the case, the central government in August 2016 imposed anti-dumping duty on imports of PVC flex films from China for five years. As the arrangement was about to expire in August 2021, the consortium of industries dealing in goods requested the government to review and expand to protect local industries.
On June 30, 2021, the Center extended the imposition of anti-dumping duty by six months; The term was to end on January 31. But in October 2021, the Directorate General of Trade Remedies recommended the withdrawal of the duty, citing a reduction in imports of this goods from China. The Association of Local Industries approached the Customs Excise and Service Tax Appellate Tribunal (CESTAT) against the recommendation. A week before the extension period was to end, the Center on Monday issued a notification and revoked security for local industries.
The petitioner approached the HC and submitted that a special bench is not available in CESTAT and there is no possibility of a decision on quashing of duty in such a short span of time.
The HC suggested that till the tribunal decides on the appeal, the court may stay the operation of the notification for four weeks. However, the Additional Solicitor General Devang Vyas Requested the court to grant a few days’ time so that it can consult the authority on the issue. The HC posted further hearing on Thursday and sought response from the government. It has put on hold the implementation of the notification till the clarification from the Centre.
The High Court has temporarily stayed the implementation of the notification issued on Monday setting aside the decision to impose anti-dumping duty on PVC flex films imported from China.
bench of justice jb pardiwala and justice Nisha Thakur was hearing a petition filed by a Curex Flex Private Limited Against the withdrawal of anti-dumping duty on Chinese goods by the Designated Authority.
The judges asked the central government whether there could be a uniform policy on the issue. The court was informed that the law mandates a quasi-judicial inquiry and review into the matter. On frustration by local industries against the repeal of the anti-dumping duty, the judges remarked, “At the end of the day, would you love china Or hate China, one thing is certain that you cannot ignore China.”
According to the details of the case, the central government in August 2016 imposed anti-dumping duty on imports of PVC flex films from China for five years. As the arrangement was about to expire in August 2021, the consortium of industries dealing in goods requested the government to review and expand to protect local industries.
On June 30, 2021, the Center extended the imposition of anti-dumping duty by six months; The term was to end on January 31. But in October 2021, the Directorate General of Trade Remedies recommended the withdrawal of the duty, citing a reduction in imports of this goods from China. The Association of Local Industries approached the Customs Excise and Service Tax Appellate Tribunal (CESTAT) against the recommendation. A week before the extension period was to end, the Center on Monday issued a notification and revoked security for local industries.
The petitioner approached the HC and submitted that a special bench is not available in CESTAT and there is no possibility of a decision on quashing of duty in such a short span of time.
The HC suggested that till the tribunal decides on the appeal, the court may stay the operation of the notification for four weeks. However, the Additional Solicitor General Devang Vyas Requested the court to grant a few days’ time so that it can consult the authority on the issue. The HC posted further hearing on Thursday and sought response from the government. It has put on hold the implementation of the notification till the clarification from the Centre.
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