2003 (11) TMI 319

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....with Harish Pandey, Advocates, for the Respondent. [Order]. - By this writ petition, the U.P. Vanaspati Producers' Association seek quashing of Notifications No. 26/2000-Customs, dated 1 March 2000 and No. 43/2003-Customs, dated 18 March 2003, issued by the Government of India, granting 100% exemption from levy of import duty on imports of edible oils from Sri Lanka under the Indo-Lanka Free Tr....

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....uty for import of raw material into Sri Lanka nor has he to pay import duty when the final product is exported to India. The apprehension of the petitioners, in nutshell, is that impugned exemption notifications are bound to cause "serious injury" to domestic producers and, therefore, the Government of India must take action under the safeguard measures, provided in Article VIII of the FTA. The al....

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....essed by the Secretary, Ministry of Commerce and Industry, Govt. of India to his counterpart in the Govt. of Democratic Socialistic Republic of Sri Lanka. For the sake of ready reference, we deem it appropriate to extract the relevant portion of the said letter. It reads as follows : "It is learnt that for the manufacture of vanaspati in Sri Lanka, these plants will import crude palm oil from o....

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....be taken by the authorities issuing certificate regarding origin. Imports of vanaspati which would not satisfy the origin requirement would not be allowed to get the benefit of tariff concessions under the India-Sri Lanka FTA". 4. From the afore-noted letter, it is clear that the Government of India is alive to the difficulties which the domestic manufacturers of vanaspati are likely to face if....