KUMHO PETROCHEMICALS CO. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment is in respect of writ petitions W.P.(C) 1851/14 and 1866/14. The petitioners calls into question the legality of the Central Government's decision initiating anti-dumping duty extension proceedings under Section 9A of the Customs Tariff Act, 1975 ("CTA") as well as the validity of notification No. 06/2014-Customs (ADD) by which anti-dumping duty was levied on Acrylonitrile Butadiene Rubber ("the product"), originating in, or exported from Korea RP. The said notification sought to amend a previous one, dated 2nd January 2009 (hereafter "the original notification") by which such anti-dumping duty was levied for five years.

(2.) The brief facts are that the Central Government, in terms of provisions of the CTA, held inquiry in accordance with Rules framed under that enactment; pursuant to the report furnished by the Designated Authority, the Central Government imposed anti-dumping duty on the product, by notification issued by the Ministry of Finance (Department of Revenue), No. 01/2009-Customs, dated 02-01-2009 (and published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), by G.S.R. 5(E), dated the 2nd January, 2009). The notification in express terms was to be in force for five years, i.e. till 01- 01-2014.

(3.) The petitioner in W.P.(C) 1851/2014 is a producer and exporter of the product from Korea RP and the petitioner in W.P. (C) 1866/2014 is an importer of the product from Korea RP. Both petitioners are aggrieved by the notifications dated 31-12-2013 and 23-1-2014 by Respondent 1. The Respondent No. 1 is the Ministry of Finance, Union of India. Respondent No. 2 is the Directorate of Antidumping and Allied Duties appointed under Section 9A of the CTA read with Rule 3 of the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury), 1995 (hereinafter referred to as "the Rules"). The Respondent No. 3 is the applicant domestic industry which filed a request to initiate a sunset review to extend the antidumping duty on import of the product originating in, or exported from, Korea RP.