Rajasthan High Court
Honble RAJESH BALIA, J. Honble DINESH MAHESHWARI, J.
J.K. Industries Ltd. - Appellant
Versus
Union of India & Ors. - Respondents
D.B. Civil Writ Petition No. 548 of 2005
Decided On : April 21, 2005
(2). The Association of Synthetic Fibre Industry (ASFI), whose members are the manufacturers of synthetic fibre in India, including NTCF, submitted a written application before the Designated Authority appointed by the Central Government under Rule 3 of the Customs Tariff (Identification, Assessment and Collection of Anti Dumping Duty on Dumped articles and for Determination of Injury) Rules, 1995 (hereinafter the Anti Dumping Rules/Rules of 1995) on behalf of the domestic manufacturers that the exporters from China are dumping the NTCF in Indian Market and it is causing injury to domestic industry of NTCF and that there is a causal connection between such dumped articles and the injury to domestic industry.
(3). In the said petition, it was also alleged that in addition to the material injury already inflicted on the domestic industry, imports from said countries are posing threat of material injury to the domestic industry in future also.
(4). On receipt of this petition, the respondent No. 1, the Designated Authority, issued an initiation Notification dated 29.10.2003 for initiating investigation into the imports of NTCF originating or exported from China and in terms of Rules of 1995 framed under Customs Tariff Act, 1975 (hereinafter called `the Act of 1975).
(5). The petitioner is represented before the Designated Authority through the ATMA. The ATMA filed its detailed submissions dated 29.12.2003 setting out its objections regarding maintainability of the petition regarding alleged dumping of NTCF by exporters from China PR. The exporters also filed objections to initiation of anti dumping investigation itself. The ASFI representing the domestic industry of NTCF manufacturers also made its submission.
(6). Notwithstanding submission of the detailed objections by ATMA as well as by the exporters as to maintainability of the application, it is alleged by the petitioner that Designated Authority neither called for any information from ASFI nor from ATMA nor from the exporters of the article subject of investigation to India. It was also alleged that Designated Authority did not supply any material/data on which reliance has been placed by the domestic industry and which in the submission of the petitioner was in public domain. No confidentiality could be claimed about it.
(7). The petitioner also brought to the notice that applicant ASFI had previously also filed an application before the Designated Authority praying for imposition of Anti Dumping Duty on the alleged imports of the very same article viz. NTCF from Indonesia, Korea, Thailand and Taiwan. On finding causal connection between the exports from the named countries to India with injury to domestic industry as a result of dumping, the Designated Authority in the first instance vide its final findings dated 22.2.2000 recommended imposition of Anti Dumping Duty. However, in its mid term review findings dated 20.3.2003, the Designated Authority recommended to discontinue the said Anti Dumping Duty on the ground of absence of causal link between the dumped article and injury suffered by the domestic industry. This has happened shortly before the fresh petition was filed by the ASFI in relatio
M/s. Priyank Overseas (Pvt.) Ltd. vs. UOI (AIR 1991 SC 583)–Followed. 38
Gullapalli Nageshwar Nao vs. APSRTC (AIR 1959 SC 308) 83
Radheshyam Khare & Anr. vs. The State of Madhya Pradesh & Ors. (AIR 1959 SC 107) 126
Hari Vishnu Kamath vs. Ahmad Ishaque & Ors. (AIR 1955 SC 233) 131
Calcutta Discount Co. Ltd. vs. Income tax Officer (AIR 1961 SC 372) 132
E.P. Royappas case (AIR 1974 SC 555) 159
Union of India vs. Adani Exports (2002) 1 SCC 567) 30
National Textile Corporation Ltd. and Ors. vs. Haribax Swalram & Ors. (2004) 9 SCC 786) 30
Kusum Ingots and Alloyas vs. Union of India & ors. (2004) 6 SCC 254)–Followed. 47
G. Sarana vs. University of Lakhnow and others (1976) 3 SCC 585) 82
Mrs. Kunda S. Kadam vs. Dr. K.K. Sarnana and others (1980) 2 SCC 355) 82
Province of Bombay vs. Kusaldas S. Advani & Ors. (1950 SCR 621) 125
State of Andhra Pradesh & Anr. vs. T. Gopalkrishnan Murthi & Ors. (1976) 2 SCC 883) 127
Employees Welfare Association vs. Union of India & Anr.
State of Jammu & Kashmir vs. A.R. Zakki & Ors.
Territory, Himachal Pradesh & Ors.
Ajay Hasias case (1988) 1 SCC 722) 160
Saurashtra Chemicals Ltd. vs. Union of India (2000 (118) ELT 305 SC) 206
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