2024 (10) TMI 1556

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....i Vyas with learned advocate Mr. Rajesh Sharma for respondent Nos. 4 to 6. 2. Learned Senior Advocate Mr. Mihir Joshi has tendered the draft amendment. The same is allowed in terms of the draft. To be carried out forthwith. 3. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs: "(A) This Hon'ble Court may be pleased to issue an appropriate writ, order or direction, prohibiting the respondent authorities from issuing notification levying provisional duty under Rule 13 of the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty) Rules, 1995; In the alternative This Hon'ble Court may be pleased to issue an appropriate wr....

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....pension Resins which is the product under consideration in the investigation initiated by respondent No. 3 on the application made by the respondent Nos. 4 to 6 to consider the levy of Anti-Dumping Duty on the PVC Suspension Resins. 6. The petitioner filed their objections and participated in the preliminary meeting on 26.03.2024 followed by communications dated 25.04.2024 and 06.05.2024. 7. The respondent No. 3 issued communication dated 13.05.2024 addressed to all the interested parties in reference to the Initiation Notification dated 26.03.2024 and after considering the comments received and pursuant to the meeting held on 30.04.2024, declared final scope of product under consideration. By the said letter, all the interested parti....

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....ndent No. 3 designated authority would investigate the product under consideration. Learned Senior Advocate Mr. Mihir Joshi invited the attention of the Court to para 4 of the communication dated 13.05.2024 by which, it was informed to the interested parties that the final scope of the Product Under Consideration was notified in the said notification. It is the final PCN/PUC notification and no modification comments/arguments would be entertained by the authority regarding PUC. It was therefore submitted that the petitioner is precluded from any raising any further submissions with regard to final scope of PUC during the course of the investigation. 11. On the other hand, learned advocate Mr. Shah submitted that the petitioner is misinte....