Supreme Court of India
The Designated Authority and Ors. v. M/s. the Andhra Petrochemicals Limited
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What the Court ordered
For the foregoing reasons, this court is of the opinion that the impugned orders, i.e., the order dated 28.08.2018 iss uing specific directions for anti-dumping investigation into articles imported from EU; the order dated 22.07.2019 (initiating contempt proceedings against the DA) and the order dated 05.08.2019 have to be set aside.
Judgment, page 21
From the headnote
Customs Tariff (Identification, Assessment and Coll ection of Anti-dumping Duty on Dumped Article and for Determi nation of Injury) Rules, 1995 – 2(b) and 2(d) – Customs Tariff Act, 1975 – s.9A – The Respondent asserted that there was dumping of But anol by Saudi Arabia and sought imposition of anti-dumping duty – The Designated Authority (DA) in its findings did not c onsider it appropriate to recommend levy of Anti-Dumping duty on the subject goods from Saudi Arabia and terminated the investigation – Vario us Writ Petitions were filed by respondent before the High Court from time to time –
Authorities it was built on
- 2011 Automotive Tyre Manufacturers Association v. The Designated Authority & Ors.
- 2005 M/s. S & S. Enterprise v. Designated Authority and Ors.
- 2006 Reliance Industries Ltd. v. Designated Authority and Ors.
- 2015 Commissioner of Customs, Bangalore v. M/s. G. M. Exports & Others
- 2017 Union of India and Another v. M/s. Kumho Petrochemicals Company Limited and Another
- 2008 Tata Chemicals Ltd. v. Union of India & Ors.
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