STEEL AUTHORITY OF INDIA LIMITED Vs. DESIGNATED AUTHORITY DIRECTORATE GENERAL OF ANTI-DUMPING & ORS

JUDGEMENT

(1.) This writ petition questions and seeks the quashing of para 7 of Annexure-1 of the Anti- Dumping Rules as being ultra vires Section 9A of the Customs Tariff Act, 1975 and for a direction to not levy antidumping duty charged on the graphite electrode imported from China.

(2.) The first respondent (the Designated Authority "DA") had, by Public Notice/Notification dated 20.05.2013 initiated an anti-dumping investigation on the import of the product from the People's Republic of China. The Petitioner filed its comments dated 05.11.2014 to the disclosure statement questioning the imposition of anti-dumping duty as illegal. The DA heard and recommended the imposition of duty; aggrieved by the final finding of DA and the impugned Customs Notification dated 13.02.2015 issued by the Union Ministry of Finance ("MoF"), the Petitioner appealed to the CESTAT. The CESTAT dismissed the appeal of the Petitioner by summarily concurring with the findings of the DA. The Petitioner thereafter appealed under section 130E of the Customs Act, 1962 (hereafter, also referred to as the "Customs Act") read with section 9A(8) of the Customs Tariff Act, 1975 (hereafter, also referred to as the "CTA") to the Supreme Court. The Supreme Court by its judgment dated 17.04.2017, examined section 130 of the Customs Act, in light of reference jurisdiction and proceeded to hold as follows:

(3.) The Supreme Court, inter alia, by the above examination of sections 130, 130A, 130E and 130F of the Customs Act, and in light of Navin Chemicals Mfg. and Trading Co. Ltd. v. Collector of Customs, 1993 4 SCC 320, and Collector of Customs, Bombay v Swastic Woollen (P) Ltd. and Ors., 1988 AIR(SC) 2176, upheld the findings recorded by the Appellate Tribunal and refused admission to the Petitioner. The Petitioner thereafter moved an application seeking clarification of the judgment dated 17.04.2017, regarding whether the Petitioner is at liberty to move either before the High Court under Article 226/227 of the Constitution or before the Supreme Court under Article 136 of the Constitution; that was dismissed by the Supreme Court by its order dated 23.10.2017, and the Petitioner has thereafter, preferred this writ petition.