2021 (11) TMI 519 - CESTAT NEW DELHI - Customs

Head Note / Extract:
Levy of Anti-dumping duty - import of Methylene Chloride from China PR - seeking issuance of a direction to the Central Government to issue a notification for imposition of anti-dumping duty, based on the recommendation made by the designated authority - HELD THAT:- In JUBILANT INGREVIA LIMITED VERSUS UNION OF INDIA, DESIGNATED AUTHORITY, DIRECTORATE GENERAL OF TRADE REMEDIES, GHW (VIETNAM) CO. LTD., M/S. GHW HOLDING COMPANY HONG KONG, SHENG LONG BIO-TEC INDIA PVT. LTD. AND UTTARA IMPEX PRIVATE LIMITED PUNE [2021 (11) TMI 200 - CESTAT NEW DELHI], the same issues as have been raised in this appeal were raised. The decision taken by the Central Government not to impose anti-dumping duty, despite a recommendations having been made by the designated authority for an imposition of anti-dumping duty, was set aside and the matter was remitted to the Central Government to take a fresh decision on the recommendation made by the designated authority. The Office Memorandum dated 05.02.2021 is set aside and the matter is remitted to the Central Government to reconsider the recommendation made by the designated authority - Appeal allowed by way of remand.