Representation from all India Saccharin manufacturing Association-implementation of Hon'ble Gujarat High Court order dated 07.02.2018 in Special Civil Application No. 1399 of 2018

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....No, 41/2007 -Customs (ADD) dated 19.03.2007 for five years. These duties were extended vide notification No. 7/2012-Customs (ADD) dated 13.01.2012 for a period of five year following a sunset review initiated by the Director General of Trade Remedies (DGTR). 3. Subsequently, petitioner Shree Vardayini Chemical Industries Pvt. Ltd. had filed a petition seeking extension of anti-dumping duty. Accordingly, the DGTR had initiated the investigation vide notification No. 15/23/2016-DGAD dated 30.12.2017. After conducting investigations, the DGTR issued final findings holding that there was no justification for further continuation of anti-dumping duty, largely because anti-dumping duty has been in force for ten years and has served the intended purpose for which anti-dumping duty was imposed. 4. The petitioner Shree Vardayini Chemical Industries Pvt. Ltd., aggrieved from the final findings of the DGTR, had filed a Special Civil Application No. 1399 of 2018 before the High Court of Gujarat. The Hon'ble Court of Gujarat vide civil notice has directed that: "goods that may be given clearance are accounted for and there should be information to the importer that a litigation is pen....

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....bsence of the other side, it would be open to the other side to approach the court even prior to the returnable date and it will be also open to anyone including importer and exporter of the goods in question to approach the court in seeking modification and/or vacation of the order Document 2 It is requested that Hon'ble Court may be approached that in view of levy having expired 121.18, keeping the assessments provisional may not be fruitful unless the levy is revived. This rams with the approval of JS (customs). Enclosures: As above Your's Sincerely, $13/23/18 13/03/13 Rachna Tanwar OSD, Tariff L'aft Copy to: Member (Budget). CBEC All Principal Chief Commissioners/Chief Commissioners of Customs Customs Preventive Customs and Central Excise for necessary compliance. All Principal Commissioners /Commissioners of Customs Customs (Preventive) for ecessary compliance. Flay Document 3 ཡཐཧ ནྟི ཏྟ 717 28 CEP 2018 2629 ६ 54 2579 DYTEDI 1500 ¥ CONTINUOUS WRIT JS/TRU-1) [Below High Court Inj. Writ No.036038 TO 03645/2016 dated 12/02/2018] TO BE SERV....

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....urs. The order dated 7.2.2016, in which enden No. 3 and 4 were directed to ensure that goode that may 1 given clearance shall be about amporter that a nted and there should be informa litigation is pending in fim of the esim. Mr. Nizar Dezel, learned advocate for respondent No.2 as that he has already ommunicated the a order and necessary compliance On the next date of hearing now fixed on 26.9.2018, 30 expected. nee Complian 7.2.2018 be placed on earned advoca of the order da request := However, and notice was issued for final disposal by oral order dated appearing for the parties 1.2.2016, we fix the bearing on 26.3.2018. CORAM: HONOURABLE MR. JUSTICE 3.2.BRAHMEHATI MR. SUBTICE A.G.URAISEE Date: 07/02/2016 OPAL OPIER 1. Heard learned counsel for the service iz permitted. ¡Copy of the Hon'ble and HONOURABLE 3 Order Dated 07/02/2016 is attached herewith.} Orders Accordingly..... ORDERS ACCORDINGLY for compliance of directions given by the Honourable Court as stated in the above order. Witness R. SUBHASH REDDY, Require the CHIEF JUSTICE at Ahmedabad ....

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....c market in the event of cessation of anti-dumping duty. However, be determined this cannot conclusively with limited post POI data. Fost FDI import from China (Oct 16-Sept 17)- DGCI&S SN Particulars. Total import (HT) (Oct Dumped Import Quantity MT 16-Sep 17) (Oct 16-Sep 17) 1 Import volume (Post 568.200 1502.20 POI) 2 Import value Rs. Lacs 2886.01 (Post POI) 2461.84 3 \CIF (Import price per 587.90 KG POI) |490.21 4 CIF (Import price per 613 613 Document 8 CSCA/1399/30 18 KG POI) CRIER 3. The Court's attention was also invited to the disclosure statement at page 212 in paragraph 69, which read as under: "69. The authority has undertaken analysis of the volume of of exports of subject goods to India from the subject country during post POI (Oct 16-March 17). The imports from China have increased during post POI and the import price has witnessed sharp decline in this period. This indicates that the imports are likely to significant undercutting and price depression in the domestic market which consequently will lead to significant loss....