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2017 (6) TMI 1170 - HC - CustomsAnti-Dumping Duty - Soda Ash - mid-term review - sunset review - section 9A of the Custom Tariff Act, 1975 - time limitation - Held that: - As the Sun-set Review had began as per the notification dated 16.6.2017 and as the anti-dumping duty earlier notification dated 2.7.2012 was to lapse on 2.7.2017, the petitioners of one of petition being SCA No. 12249 of 2017 made representation, copy whereof is produced at page nos. 252 and 253 to authorities to exercise power under proviso (ii) to Section 9(A)(5) so the interest of indigent industry may not be jeopardize - we are of the prima-facie view that those findings were going in favour of the justification for imposing or continuing anti-dumping duty which in-vogue pursuant to notification dated 3.7.2012. Let learned ASG receive copy of these petitions so that he may obtain appropriate instructions without any undue delay to see to it that entire exercise of mid-term review and sun-set review may not leave the indigent industries hie and dry and may continue enjoying the protection which enures to them under the earlier notification dated 3.7.2012 and the Government of India may issue appropriate notification of extension of anti-dumping duty in exercise of powers in terms of (ii) proviso to Section 9(A)(5). Issue notice, returnable on 3.7.2017 with a liberty to all the concerned to approach the Court even prior to the next date of hearing i.e. 3.7.2017 in case of difficulty so that appropriate orders can be passed.
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