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2021 (11) TMI 620 - AT - CustomsLevy of anti-dumping duty - imports of All Fully Drawn or Fully Oriented Yarn/ Flat Yarn of Polyester - Notification dated 21.10.2015 earlier issued imposing anti-dumping duty has been rescinded - seeking issuance of a direction to the Central Government to issue a notification for imposition of anti-dumping duty, based on the recommendation made by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 in the final findings dated 23.11.2020 - HELD THAT:- The issues raised in this appeal are issues which were considered by the Tribunal in JJUBILANT 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 decision taken by the Central Government not to impose anti-dumping duty, despite a recommendation having been made by the designated authority for an imposition of anti-dumping duty, was set aside by the Tribunal and the matter was remitted to the Central Government to take a fresh decision on the recommendation made by the designated authority. In the present case, the stand of the Central Government is also that it had decided not to accept the recommendation made by the designated authority. The decision said to have been taken by the Central Government not to impose anti-dumping duty, despite a recommendation having been made by the designated authority for imposing of anti-dumping duty, is set aside and the matter is remitted to the Central Government for taking a fresh decision on the recommendation made by the designated authority - Appeal allowed.
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