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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....ese 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 pending in form of this petition and the Court has issued notice, the....

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....nyone 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 SERVED UPON Peter (s)/Respondent (e) 3 TO SE TO THIS COURT DULY SERVED/INI Fixed on: 26/09/2016 Despatch No.:CPC-C-0 Date: 2277 934007 25/9/18 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD P/EPECIAL CIVIL AFFLI....

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.... 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 aforesaid this 05th day of September, 2016 Document 5 ' HIGH COURTO S By the Court 1-2 DEPUTY REGISTRAR Let This Day Of September, 2016 TRUE COPY L. شما را !い Deputy Assistant Registrar High Court Of Gujera: e: Sola, Ahmedabad Document 6 413991 CRIER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 1399 of 2018 SHREE VARDAYINI CHEMICAL INDUSTRIES PVT. LTD .....Petitioner Appearance: Versus UNION OF INDIA & 3.... & 3....Respondents MR MIH....

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....rity 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 losses to the domestic industry in the vent of ´cessation of anti-dumping duty. Cause Post FOI import from china (Oct 16-March 17)- SN Particulars DGCI&S Total import Dumped Import (MT) (Oct Quantity MT 16-Sep 17) (Oct 16-Sep 17) 1 Import volume (Post 763.97 567.20 POI) 2 Import value Rs. Lacs 4164.77 2876.83 (Post POI) 3 CIF (Import price per 545 587 KC POI) 4 CIF (Import price per 613 613 KG POI) Document 9 1399/2018 CRIER Then the Court's attention was invited to Paragraph nos.72 and 73 at page 253, which read as under: 72. The authority has undertaken analysis of dumping and injury margin from the subject country during post POI. This analysis has been done OR the basis of information submitted by the Domestic Indus....