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2022 (4) TMI 1049

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..... 248/2022, CM APPL.7249/2022 W.P.(C) 5763/2022, CM APPL. 17259/2022 W.P.(C) 2621/2022, CM APPL. 7544/2022 W.P.(C) 3476/2022, CM APPL. 10259/2022, 10260/2022 W.P.(C) 3488/2022, CM APPL. 10299/2022, CM APPL. 10300/2022 W.P.(C) 3485/2022, CM APPL. 10293/2022, 10294/2022 W.P.(C) 3491/2022, CM APPL. 10303/2022, CM APPL. 10306/2022 W.P.(C) 3494/2022, CM APPL. 10309/2022, CM APPL. 10310/2022 W.P.(C) 2483/2022, CM APPL. 7119/2022, CM APPL. 7118/2022 W.P.(C) 2466/2022, CM APPLs.7095/2022 & 7096/2022 W.P.(C) 5283/2022 & CM APPL.15760/2022 Shanghai Ja Solar Technology Co. Ltd. Trina Solar Co. Ltd. And Anr. Jingao Solar Co. Ltd. Ja Solar International Limited, Hefei Ja Solar Technology Co. Ltd., Ja Solar (Xingtai) Co. Ltd. Ja Solar Technology Yangzhou Co. Ltd. Guangdong Aiko Solar Energy Technology Co Ltd And Others, Yingli Energy China Company Limited And Others, Hengdian Group Dmegc Magnetics Co. Ltd. Suzhou Talesun Solar Technologies Co. Ltd. And Anr., Huansheng Photovoltaic (Jiangsu) Co., Ltd. And Others, Risen Energy (Changzhou) Co., Ltd. And Ors. Tongwei Solar (Chengdu) Co., Ltd and Others, Longi Solar Technology Co. Ltd Wuxi Suntech Power Co. Ltd. Canadian Solar Manufacturing Changshu I .....

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..... er Rule 6(4) of the Anti-Dumping Rules. If no information is received within the prescribed time-limit or the information received is incomplete, the Authority may record its findings on the basis of the facts available on record in accordance with the Rules. 26. All the interested parties are hereby advised to intimate their interest (including the nature of interest) in the instant matter and file their questionnaire responses within the above time limit." 3. They state that due to Covid-19 pandemic, the replies were delayed and were filed between 25th June, 2021 and 21st July, 2021. 4. Learned counsel for the petitioners states that the Initiation Notification dated 15th May, 2021 was challenged before this Court by an association of importers in Solar Power Developers Association vs. Union of India & Ors., W.P.(C) 5882/2021 and this Court vide order dated 04th June, 2021 had extended the time limit to file response to the Initiation Notification. They state that the time limit, so extended, was for the benefit of all the interested parties and was not restricted only to the petitioners therein. The relevant portion of the order dated 4th June, 2021 passed in W.P.(C) 5882/20 .....

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..... esponses to the questionnaires in all the other twenty nine antidumping investigation initiated on imports from China PR during the period 01st January, 2020 to 31st September, 2021 which is evident from the table below:- Particulars Number of anti-dumping investigations against China PR Number of anti-dumping investigations in which extension requested by interested parties 30 Number of anti-dumping investigations in which extension granted by Authority 29 Number of anti-dumping investigations in which extension denied by the Authority   1 (Anti-dumping investigation on imports of solar cells whether or not assembled into modules from China PR, Thailand and Vietnam) 8. They also state that repeated extensions have been granted to file responses to questionnaires in anti-dumping investigations on imports from China PR. The tabular chart referred to by learned counsel for the parties is reproduced hereinbelow:- Total extensions granted Number of cases One extension 9 Two extensions 12 Three extensions 4 Four extensions 2 Five extensions 1 Six extensions 1 Total 29 9. They further rely upon the order passed by the Apex Court extending the perio .....

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..... ber 2021. This clarification is in response to those submissions. 2. The Authority initiated an anti-dumping investigation concerning 'solar cells whether or not assemble into modules or panels' vide an initiation notification dated 15th May 2021. The Authority had granted time to file questionnaire responses by 24th June 2021. On receipt of request for extension of the said timelines from other interested parties, the Authority did not extend the timeline to file the questionnaire responses. The Authority noted that the Hon'ble High Court of Delhi granted extended time to file responses only to the petitioners before them. A clarification was issued with respect to the same on the DGTR's official website on 24th June 2021. Despite the same several parties did not file the response in time. 3. The Authority has decided to consider only those questionnaire responses which were filed within the stipulated time. However, the legal submissions made by all the interested parties who registered and file the same in time has been considered. The status of questionnaire responses (considered/ not considered) by the Authority are mentioned in the Annexure. Garima Kapoor (Deputy Direct .....

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