JUDGMENT

Badar Durrez Ahmed, J.

Prayers in brief:

1. Out of these six writ petitions, three have been filed by Mahindra & Mahindra Ltd and three have been filed by Volkswagen India Pvt Ltd. Initially, WP(C) 3022/2014 and WP(C) 3023/2014 were filed by the said petitioners, respectively. In those writ petitions the main prayers were for terminating the anti-dumping investigation in relation to imports of Cast Aluminium Alloy Wheels originating in or exported from China PR, Korea RP and Thailand and for setting aside the Preliminary Finding dated 13.01.2013 and the impugned Antidumping Duty Notification No.15/2014-Customs (ADD) dated 11.04.2014. Then, WP(C) 3250/2014 and WP(C) 3251/2014 were filed (one each) by the said petitioners, inter alia, seeking the quashing of the Notice bearing F.No.354/241/2012-TRU dated 30.04.2014 and the letter bearing F.No.14/7/2012DGAD dated 08.05.2014. Finally, WP(C) 633/2015 and WP(C) 634/2015 were filed (one each) by the said petitioners, inter alia, praying for the setting aside of the Final Finding No.14/7/2012-DGAD dated 09.06.2014 of the Designated Authority.

Points for consideration:

2. Essentially, two points arise for our consideration in these writ petitions:

1. Whether the ex post facto extension of the investigation period granted by the Central Government on 30.04.2014 extending the period of investigation from 09.03.2014 to 09.06.2014 was valid?

2. Whether the petitioners, who are interested parties, were given an adequate opportunity of hearing by the Designated Authority before he issued the impugned Final Finding dated 09.06.2014?

Background facts:

3. Before we examine these points, it would be necessary to set out the background facts.

4. Synergies Castings Ltd, a producer of Cast Aluminium Alloy Wheels or Alloy Road Wheels India, approached the Designated Authority (DA) under the Customs Tariff Act, 1975 (hereinafter referred to as 'the said Act') and the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as 'the said Rules') alleging material injury on account of dumping of the said goods from China PR, Korea RP and Thailand.

5. The DA after being, prima facie, satisfied of the alleged dumping and consequent material injury to the domestic industry initiated an anti-dumping investigation concerning imports of Cast Aluminium Alloy Wheels or Alloy Road Wheels used in Motor Vehicles, whether or not attached with their accessories, of a size in diameters ranging from 12 inches to 24 inches, originating in or exported from China PR, Korea RP and Thailand vide Notification 14/7/2012-DGAD dated 10.12.2012.

6. The DA also recommended provisional anti-dumping duty on imports of the said goods from said countries by Notification No 14/7/2012-DGAD dated 13.01.2014. And, the same was imposed by Central Government by its Notification No. 15/2014-Customs (ADD) dated 11.04.2014. As mentioned above, these were the subject matter of challenge in the first set of writ petitions (WPC 3022/2014 & WPC 3023/2014).

7. The period of one year from the date of initiation of investigation was to expire on 09.12.2013. As the investigation could not be completed by then, the Central Government, on 06.12.2013 extended the period by three (3) months upto to 09.03.2014. Since the investigation could not be completed by the DA by that date also, he requested the Central Government on 03.03.2014 to further extend the period of investigation. This request of the DA was accepted by the Central Government but, much later on 30.04.2014 (after the expiration of the earlier extended period on 09.03.2014) by an Office Memorandum, which was as under:

New Delhi, 30th April, 2014.

OFFICE MEMORANDUM

Subject: Anti-Dumping Duty Investigation concerning imports of Cast Aluminum Alloy Wheel