Interim extension of anti-dumping duty preserved the challenge to paracetamol imports pending final hearing.

The Gujarat HC granted interim protection to preserve the subject matter of a challenge to the anti-dumping duty on paracetamol under Notification No. 39/2018-Customs (ADD). Noting that the notification was close to expiry and the matter was still at the pleadings stage, the Court accepted that failure to decide the petition before expiry could render it infructuous and cause irretrievable prejudice. It therefore extended the duty temporarily, directed exchange of pleadings, and fixed the matter for peremptory hearing to secure consideration on merits.

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Issues: Whether the anti-dumping duty notified in respect of paracetamol under Notification No. 39/2018-Customs (ADD) dated 20.08.2018 should be extended by an interim direction pending final hearing.

Analysis: The notification was nearing expiry and the proceedings were still at the pleadings stage. The Court accepted that, if the matter was not completed before expiry, the petition could be rendered infructuous and an irretrievable situation could arise. In view of the urgency and the need to preserve the subject matter till the next hearing, the Court directed extension of the duty for a further period, while fixing the matter for peremptory hearing and requiring exchange of pleadings in the meantime.

Conclusion: The interim request was granted and the anti-dumping duty was extended up to 24.06.2019.

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