Dismissal of Petition Challenging Anti-Dumping Duty Upheld by Court

The High Court dismissed the petition challenging the Final Finding of the Designated Authority and the Notification imposing anti-dumping duty. The Court emphasized the significance of the statutory remedy of appeal before CESTAT and suggested expedited disposal of the appeal once filed.

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Issues: Challenge to Final Finding of Designated Authority and Notification imposing anti-dumping duty

Issue 1: Challenge to Final Finding and Notification
The writ petition challenges the Final Finding of the Designated Authority (DA) dated 9th June, 2016, regarding the anti-dumping investigation on 'Purified Terephthalic Acid' (PTA) from China PR, Iran, Indonesia, Malaysia & Taiwan. The Notification No. 28/2016-Customs (ADD) issued by the Central Government imposing anti-dumping duty under Section 9A(1) and (5) of the Customs Tariff Act, 1975, read with relevant Rules, is also contested.

Issue 2: Statutory Remedy of Appeal
The petitioner's counsel argues that although there is a statutory remedy of appeal under Section 9C of the Customs Tariff Act before the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), the heavy backlog of appeals might delay the resolution significantly. The concern is that the appeal could become irrelevant due to the delay.

Issue 3: Judicial Precedents
The Court notes that similar pleas by other aggrieved parties have been dismissed previously, emphasizing that the existence of a statutory remedy like the appeal to CESTAT is crucial. Citing a recent order, the Court highlights that the plea to bypass the statutory remedy is insufficient justification for allowing the petitioner to circumvent the appeal process.

Issue 4: Disposal of Appeal
While dismissing the petition, the Court suggests that the petitioner can request CESTAT to expedite the appeal process and ensure a resolution within six months of filing. This indicates that the Court recognizes the importance of timely resolution while upholding the statutory appeal mechanism.

In conclusion, the High Court dismissed the petition challenging the Final Finding of the Designated Authority and the Notification imposing anti-dumping duty, emphasizing the significance of the statutory remedy of appeal before CESTAT and suggesting expedited disposal of the appeal once filed.

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