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2007 (12) TMI 224 - HIGH COURT OF DELHI AT NEW DELHIAnti-dumping duty - Sunset review - Held that:- We are, therefore, not at all in agreement with the view canvassed by the learned Additional Solicitor General on behalf of the Central Government that a sunset review was not possible in the circumstances of the case and that the domestic industry was only entitled to be heard in respect of a mid-term review. A request having been made by the domestic industry for a sunset review, it ought to have been considered by the Central Government and if so advised, rejected on merits. It would not be appropriate to interfere with the contractual liabilities that have already been established since it may lead to avoidable controversies. We, therefore, direct that all imports of the subject goods made from Russia and China with effect from 1st February, 2008 should be provisionally cleared by the Central Government and its nominees such as the Customs Officers. In the meanwhile, the Central Government should carry out a review to determine whether the anti-dumping duty imposed by the Notification dated 25th June, 2001 should continue beyond the period of five years from 26th December, 2005 onwards. If it is found by the Central Government that the requirements of the first proviso to Section 9A(5) of the Act are met and anti-dumping duty should continue, then the provisional assessments made with effect from 1st February, 2008 will take care of the interests of the domestic industry. On the other hand, if it is found that there is no reason to continue with the anti-dumping duty, the provisional assessment can always be finalized without any detriment to the rights of the Indian importers of the subject goods. It is expected that the Central Government will complete the review as expeditiously as possible.
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