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2018 (10) TMI 601 - GUJARAT HIGH COURTInitiation of Sunset Review - ADD on Ductile Iron Pipes - import from Peoples Republic of China - Rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Articles for Determination of Injury) Rules, 1995 - extension of ADD for a further period. Whether the impugned order dated 17.5.2018 refusing to initiate a Sunset Review, on an application made by the petitioner, stands the test of it being so passed within the prescribed legal parameters? Held that:- As is evident from the Notification dated 10/10/2013, that for the first time, anti-dumping duty on ductile pipes was imposed by a notification dated 14/09/2007. The Central Government had extended the anti-dumping duty on the subject goods i.e. ductile pipes originating in or exported from China for a further period of five years vide a notification dated 10/10/2013. This was done on an assessment of facts in exercise of powers under sub-sections (91) and (5) of Section 9 of the Customs Tariff Act, 1975 read with Rules 18 and 23 of the Customs and Tariff (Identification, Assessment and Collection of Anti-dumping Duty of Dumped Articles for Determination of Injury) Rules, 1995. Section 9A provides for imposition of anti-dumping duty and also stipulates that it shall remain in fore for a period of five years, unless revoked earlier. Sub-section (5) provides that the anti-dumping duty shall cease to have effect on the expiry of five years. The first proviso provides that if, the Central Government, in a review, is of the opinion that the cessation of such duty is likely to lead to continuation or recurrence of dumping and injury, it may from time to time, extend the period of such imposition for a further period of five years. Therefore, there is power to review the necessity of continuing the enforcement or period of anti-dumping duty on a review so initiated - Rule 23 of the Rules provides that the review, either can be on the Central Government’s own initiative or upon a request by any interested party who submits positive information substantiating the need for such review. Moreover, such an application has to be duly substantiated. What is evident from the facts on hand is that the antidumping duty was initially imposed in 2007 and was initially extended by a period of five years. It was to cease to have effect in 2012, however the designated authority on a review, by a notification dated 10/10/2013 extended the anti-dumping duty for a period of five years and the same is set to expire on and from 9/10/2018. From 10/10/2018, unless the period of anti-dumping duty is further extended, the same shall cease to have effect. The review is carried out under Rule 23 of the Rules. Importantly, sub-rule(3) of Rule 23 states the provisions of Rules 6, 7, 8, 9, 10, 11, 16, 17, 19 and 20 shall mutates mutandis apply in the case of review. Therefore, while deciding an application for a review, the designated authority’s order should reflect in such decision making process, the parameters of determination, as laid out under Rules 10, 11, 16 and 17. Petition allowed.
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