2026 (5) TMI 1689

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....is Court seeking the following prayer: a) Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondent No. 2 i.e., Ministry of Finance to take appropriate action on the impugned Final Findings dated 29.09.2025 issued by the Directorate General of Trade Remedies (DGTR) in Case No. AD (OI)-24/2024, titled "Anti-Dumping Investigation concerning imports of Solar Cells whether or not assembled into Modules or Panels originating in or exported from China PR", in a prospective manner to an extent that it does not cause any adverse impact on the imports/orders of the subject goods already undertaken/placed by the Petitioners for their on-going projects; (vide ANNEXURE-A) b) Declare that the i....

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....les reads as follows: "18. Levy of duty.- (1) The Central Government may, within three months of the date of publication of final findings by the designated authority under rule 17, impose by notification in the Official Gazette, upon importation into India of the article covered by the final finding, anti-dumping duty not exceeding the margin of dumping as determined under rule 17: [* * * *] (2) In cases where the designated authority has selected percentage of the volume of the exports from a particular country, as referred to sub-rule (3) of rule 17, any antidumping duty applied to imports from exporters or producers not included in the examination shall not exceed - (i) the weighted average m....

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....gnated authority is negative that is contrary to the evidence on whose basis the investigation was initiated, the Central Government shall, within forty-five days of the publication of final findings by the designated authority under rule 17, withdraw the provisional duty imposed, if any." (Emphasis supplied) 5. Rule 18 of the Rules mandates that the Central Government may, within three months of the date of publication of the final findings as obtaining under Rule 17, impose by a notification in the official Gazette upon importation of an article into India covered under the final finding antidumping duty. It is an admitted fact that as on date, no notification is issued as obtaining under Rule 18. In the light of the admitted fact t....