NIRMA LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsels appearing for the petitioners.

(2.) As, in this group of four petitions there is a common challenge to the Disclosure Statements dated 14-9-2016 under Rule 16 of the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as "the Rules" for the sake of brevity), inviting the domestic industries to reflect upon and make their submissions on the mid-term review of dumping duty existing on the product called Soda Ash since 3-7-2012 and 18-4-2013, came to be imposed under Section 9A of the Customs Tariff Act, hence, they were heard together and this order is passed after hearing the counsels on the aspects of challenge to the said Disclosure Statements.

(3.) Learned counsels for the petitioners invited Court's attention to the provision of Section 9A, 9B and the facts of the matter to indicate that the Anti-Dumping duty imposed and being levied from 3-7-2012 is ordinarily to enure for a period of five years, which would end on 3-7-2017. However, as provided under Rule 23 of the Rules, the provision of review of any Anti-Dumping duty imposed under Section 9A is provided on the parameters mentioned therein, which includes the exercise to be undertaken by the designated authority for arriving at a conclusion for making final recommendations to the Government. The period for investigation is ordinarily one year, but extendable by Union of India in a given case.