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Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
<h1>Anti-Dumping Duty Implementation Case: Petitioner Withdraws Request for Extension of Duties on Chinese Polyester Yarn Imports</h1> The HC addressed a petition from a company seeking implementation of anti-dumping duties on high tenacity polyester yarn from China. The Department of ... Seeking implementation of anti-dumping duties in terms of the final findings dated 31st March, 2023 issued by the Respondent No. 2- Ministry of Commerce and Industry, Department of Commerce - extension of the anti-dumping duty on imports of high tenacity polyester yarn (goods) originating in or exported from China - HELD THAT:- The stand of the Petitioner now is that the domestic industry no longer insists on the imposition of anti dumping duty in respect of the goods and therefore, the Petitioner does not press the present petition. The petition is disposed of as infructuous binding the Petitioner to its stand that it no longer insists on imposition of anti dumping duty in respect of the subject goods. The petition under Article 226 sought enforcement of anti-dumping duties per the Department's final findings dated 31 March 2023, which recommended extension of duties on imports of high tenacity polyester yarn originating in or exported from China following an anti-circumvention investigation. The Department's earlier imposition (Notification No. 35/2018) arose from final findings dated 24 May 2018. The petitioner relied on Rule 18 of the Anti-Dumping Rules, contending that the Central Government's failure to issue a notification within three months of the Department's recommendation (the three-month period having 'expired on 30th June, 2023') constituted a 'deemed decision.' Subsequently, however, the petitioner withdrew its insistence on continued imposition of anti-dumping duty. In view of that change in stance, the court disposed of the petition as 'infructuous,' expressly binding the petitioner to its stand that it no longer insists on imposition of anti-dumping duty in respect of the subject goods. The petition was therefore dismissed without adjudication on the substantive relief sought.
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